Copyright and AI - Part I: Digital Replicas
"This first Part of the Copyright Office’s Report on copyright and artificial intelligence
(“AI”)1 addresses the topic of digital replicas. From AI-generated musical performances to
robocall impersonations of political candidates to images in pornographic videos, an era of
sophisticated digital replicas has arrived. Although technologies have long been available to
produce fake images or recordings, generative AI2 technology’s ability to do so easily, quickly,
and with uncanny verisimilitude has drawn the attention and concern of creators, legislators,
and the general public.
The speed, precision, and scale of AI-created digital replicas calls for
prompt federal action. Without a robust nationwide remedy, their unauthorized publication
and distribution threaten substantial harm not only in the entertainment and political arenas,
but also for private individuals.
Section I summarizes the context and history of the Office’s study of the digital replicas
issue. Section II.A outlines the main existing legal frameworks: state rights of privacy and
publicity, including recent legislation specifically targeting digital replicas, and at the federal
level, the Copyright Act, the Federal Trade Commission Act, the Communications Act, and the
Lanham Act.
In Section II.B, we explain why existing laws do not provide sufficient legal redress for
those harmed by unauthorized digital replicas and propose the adoption of a new federal law.
Section III discusses protection against AI outputs that deliberately imitate an artist’s
style. We acknowledge the seriousness of creators’ concerns and identify legal remedies
available to address this type of harm."