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Policy & governance · Government · United States

Copyright and Artificial Intelligence, Part 1: Digital Replicas

United States Copyright Office · Jul 2024

Key points

  1. Finds existing US law inadequate to address unauthorised AI digital replicas of voice and likeness.
  2. Recommends federal protection for individuals regardless of fame, covering voice and visual likeness.
  3. Directly informs the NO FAKES Act and state-level performer protection legislation.

Summary

The US Copyright Office published Part 1 of its Copyright and AI report series in July 2024, focusing on digital replicas of human voice and likeness. The report finds that existing US law provides inadequate protection against unauthorised AI-generated replicas and recommends federal legislation covering all individuals (not only public figures), addressing both voice and visual likeness. It directly informed subsequent NO FAKES Act drafts and state-level performer protection laws including the Tennessee ELVIS Act and California AB 2602.

Implications for animation education

Animation, games and performance programs teaching character voice work, mocap performance and digital doubles should assign this report as foundational reading in IP and production-law units. Its finding that existing US law is inadequate to protect performers from unauthorised AI replicas directly explains the legislative activity (Tennessee ELVIS Act, California AB 2602, NO FAKES Act drafts) that students will encounter in industry. Course leads designing performance rights units should note the report's recommendation for protection covering both voice and visual likeness regardless of fame, which widens the scope well beyond celebrity contexts to include student-level performers in graduate productions.

Source

Source: United States Copyright Office ↗ (Policy Text)

Primary document: copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-1-Digital-Replicas-Report.pdf ↗

Cite this item

United States Copyright Office (2024). ‘Copyright and Artificial Intelligence, Part 1: Digital Replicas’, United States Copyright Office. Available at: https://www.copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-1-Digital-Replicas-Report.pdf

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