Copyright Bureau Informs Congress: Immediate Action Required to Prohibit AI-Driven Impersonation

The first portion of a report addressing the impact of Artificial Intelligence (AI) on its jurisdiction has been released by the U.S. Copyright Office, with its initial recommendation being the urgent creation of new legislation to delineate and address AI-assisted impersonation.

“The issue of unauthorized digital doubles has emerged as a significant threat across the realms of entertainment, politics, and even for individuals,” stated Shira Perlmutter, the head of the agency, alongside the report. “There’s a pressing need for a law that effectively protects against the potential damage to personal reputations and financial well-being nationwide.”

The document, which is just the first instalment in a series, shines a light on the urgent conversation around AI and copyright law, highlighting the basic human right to own one’s identity. The question arises: in an age where your digital identity can be replicated by AI without your consent using just a few public videos or social posts, does copyright law still stand strong?

Not long ago, creating a digital likeness of a person required significant time and resources, usually reserved for high-profile figures. However, today’s technological advancements enable almost anyone to craft a believable virtual duplicate of an individual swiftly and inexpensively. This development has paved the way for potential misuse, a concern also noted by the FCC and other government bodies within their respective areas.

Although the Copyright Office’s primary concern revolves around intellectual property (IP) rights, their investigation, which began last year and included public feedback, revealed the broader implications of AI-created digital doubles for IP rights:

After reviewing the submitted comments, conducting further study, and consulting with other
bodies on their areas of expertise, it has become evident to us that
new legislation is necessary. The attributes of AI-generated digital likenesses—such as their speed, accuracy, and the scale at which they can be created—warrant immediate federal intervention.

The appeal for new legislation in this context is not new, and Congress is indeed already mobilizing to tackle this challenge. Astoundingly, a relevant bill was introduced even as this piece was being composed, signaling ongoing efforts to address this issue (though it had been under consideration for some time).

In the recommendations put forth by the Copyright Office, there are key considerations that could enhance these legislative efforts, as detailed in the report:

• Responsibility should stem from sharing or making available an unauthorized digital double, not solely from its creation. This accountability should extend beyond commercial uses to include personal harm and require clear awareness that the likeness was both unauthorized and a digital double of a specific person.
• Legal protections should remain in effect throughout a person’s lifetime, with any protection following death being finite, albeit renewable if the person’s image continues to be commercially exploited.
• Legislation should establish a safe harbor for online platforms that proactively remove unauthorized digital doubles upon notice or discovery of their unauthorized status.
• Acknowledging the role of state laws in matters of publicity and privacy rights, the proposed federal law should set a nationwide standard for protection while allowing states to offer further safeguards.

This envisioned approach somewhat mirrors existing copyright laws by suggesting federal safeguards for one’s “likeness” (in a manner that makes it indistinguishable from real life), similar to how a photograph or song created by you is protected. However, the proposition goes beyond copyright to touch upon privacy and identity issues, where states like Illinois and California have introduced their own legislation in the form of the BIPA and CCPA, respectively.

Given its expertise and focus areas, the Copyright Office’s input on these matters is invaluable, even as it intersects with broader human rights and ethical considerations. The proposal for a new “digital replica” law—as well as for a framework that can withstand legal scrutiny—offers a sound foundation, drawing upon effective existing laws rather than constructing something entirely new.