Published by the US Copyright Office recommending new and improved protections against digital replicas. “We conclude that a new law is needed,” the department’s report said. “The speed, accuracy, and scale of AI-generated digital copies require urgent federal action. Without a strong nationwide remedy, their unauthorized publication and distribution threatens serious harm not only to the entertainment and political arenas, but to individuals as well.”
The Copyright Office’s assessment reveals several areas where current law may not address digital replicas. It describes the state level as “patches of protection with the availability of a remedy that depends on where the affected person lives or where the unauthorized use occurs.” Likewise, “existing federal laws are too narrowly drawn to fully address the harms of today’s sophisticated digital replicas.”
Among the report’s recommendations are safe harbor provisions to encourage online service providers to quickly remove unauthorized digital replicas. It also notes that “everyone has a legitimate interest in controlling the use of their likeness, and it’s not just celebrities who suffer the harms of blackmail, violence, defamation, and use in pornography,” meaning that laws should cover all individuals, not just people. celebrities.
The timing of this publication is appropriate, given that the Senate this month took notable steps to enact new legal frameworks for the use of digital replications and AI-generated copies. Lawmakers passed last week to appeal to victims of sexual deep fraud. I saw the presentation today more broadly, to allow anyone to sue for damages for the unauthorized use of their voice or likeness.
Today’s analysis is the first in several parts of the Copyright Office’s investigation into artificial intelligence. With more questions to explore the use of artificial intelligence in art and communication, the agency’s ongoing findings should be profound. I hope that both legislators and courts will take them seriously.
