The Copyright Office recommends that liability should arise from the distribution of an unauthorized digital replica, not the act of creation alone. It also suggests that protection should last for the individual’s lifetime, with potential for extension if the individual’s persona continues to be exploited. The office also recommends a safe harbor mechanism for online service providers to remove unauthorized digital replicas. The office does not recommend full federal preemption, suggesting that federal law should provide a base level of protection, with states able to provide additional protections.
Key takeaways:
- The U.S. Copyright Office has issued a report on how AI may affect its domain, recommending a new law to define and combat AI-powered impersonation.
- The report highlights the urgent need for nationwide protection against the harms that can be caused to reputations and livelihoods by unauthorized digital replicas.
- The Copyright Office suggests that a person's likeness should be given basic federal protections, similar to a photo or a song, but also acknowledges the need for additional state laws on privacy and identity.
- The office recommends that the new law should include a safe harbor mechanism for online service providers, should not be limited to commercial uses, and should require actual knowledge that the representation was a digital replica and unauthorized.