Exactly my point that it is not clear, since it’s exactly Carlin’s likeness. A person who tunes in at a random moment has no idea that this is what it it stated in the beginning and could 100% assume it’s Carlin.
It is incredibly clear. The fact that it would take a person to pause the video before the first three seconds, skip to a random point, ignore that the topic of the standup is events that occurred since his death and being an AI, fail to read the written notices on-screen and in the description, etc. is evidence of this.
using their exact likeness as a basis is not transformative work
I think you’re still getting wires crossed between different domains of IP law in a way that makes your objection meaningless. Transformative nature comes in as a part of a fair use defense specifically to copyright infringement - whereas elements of a person’s likeness, like their face or voice, are not protected by copyright.
I do support challenging the software design before blaming the user, but I feel like I’m being thrown through a bit of a loop here. Autosave, while not unusual, is still the minority behaviour - surely?
I’m checking through tools I have installed and can’t find much that autosaves - even Word (tested editing a local file) doesn’t seem to autosave as far as I can tell. And, to be fair to the software, I often don’t want to overwrite the disk copy automatically (though there are some “best of both worlds” approaches, like with VSCode).