S-market brought Einstein to life with artificial intelligence – professor: “Yes, that’s taking a risk”

It’s about an ad with a white-collared, mistakenly Albert Einstein (1879–1955) resembling a man eating pasta. The picture reads “genius mushroom pasta and other recipes”. Einstein can also be seen in S-market’s advertising videos.

Several people describe the ad on social media AI slop that is, as a low-quality output of artificial intelligence.

“You too my Brutus,” commented one user on the ad on Instagram.

The image states that artificial intelligence has been used to edit it. European the union has required since August 2 that companies mean images created with artificial intelligence.

S group confirms to HS that artificial intelligence has been used in the advertising campaign and Albert Einstein’s character has been used on purpose.

“Unfortunately, it has not been possible to get the real Einstein in front of the camera, so we had to recreate Einstein, as it were,” retail marketing director Lauri Toivonen tells.

He emphasizes that the ad is not generated solely by artificial intelligence. The advertising videos are mainly shot as a traditional production with Cocoa Productions, but using mixed media.

The scientist was played by a real person, and artificial intelligence was used to transform the face into Einstein’s. According to Toivonen, the expressions are taken from the actor’s expressions.

The advertising campaign is about a campaign that dates back to the beginning of school, where the purpose is to highlight food substances that affect the well-being of the brain, Toivonen says.

There has been little direct feedback from the S group about the ad. According to Toivonen’s view, it is the mention of the use of artificial intelligence that has caught people’s attention.

“Of course, as a big advertiser, we are looked at quite a lot. If there are new labels, that kind of triggers consumers somewhat,” says Toivonen.

Einstein has also been seen over the years in the advertisements of many large companies such as Apple and McDonald’s. However, the use of Einstein’s name and images is not completely uncomplicated.

The Hebrew University of Jerusalem has long administered these rights. Einstein himself founded the university in question, and it plays a significant role in Einstein’s legacy and commercial licensing. The rights are worth millions of dollars annually, says The Guardian.

For example, in 2021, the British government paid to use Einstein’s image in a television and online advertising campaign. The amount remained a secret. In 2005, the Walt Disney Company paid $2.66 million for the right to use Einstein’s name for 50 years in a line of baby toys.

Known using the face of a historical person in commercial advertising is not a simple legal issue, says the professor of copyright and docent of commercial law Taina Pihlajarinne.

“Yes, there is a risk involved if there are no permits.”

According to him, it is difficult to interpret S-market’s ad as anything other than Einstein, and it is the recognizability that makes the case interesting.

With the use of a figure that resembles Einstein, copyrights, trademark rights, personality rights regarding a person’s image and voice, and general marketing regulations may come under assessment.

It is unclear, for example, whether training artificial intelligence with copyrighted images is legally allowed and whether the end result is too similar to the original images. The output of artificial intelligence may infringe the copyright of the original image.

with the S group according to Lauri Toivonen, is legally permission for the implementation of the ad.

“We always investigate all intellectual property matters very carefully,” Toivonen says.

Toivonen does not say what kind of rights the use of Einstein’s character in the ad required and from whom the permission was obtained.

“Our contract law is not opened,” says Toivonen.

S-market According to Taina Pihlajarintine, it is not possible to say unequivocally whether the advertisement violates copyright.

Einstein’s photos are not necessarily protected by copyright anymore: the protection period for ordinary photos is 50 years from the end of the year the photo was taken, Pihlajarinne says.

In Finland, on the other hand, there is no separate law regarding the use of a person’s image and voice.

“The use of another photo in marketing has not generally been considered permissible. However, the protection of a photo of a dead person is much weaker,” says Pihlajarinne.

The questions between artificial intelligence and copyright are unclear in many respects.

“Copyright researchers and practitioners are very divided on these questions. This is a very hot debate,” says Pihlajarinne.

The practice brings new questions all the time, on which the legislature and the courts do not have time to take a position quickly. According to Pihlajarintine, ambiguity creates “risky situations” for operators.

Europe is now debating whether the right to a person’s voice and image should be better protected.