USAIn its first report on how artificial intelligence is affecting its field, the Copyright Office said a new law is urgently needed to define and combat AI-driven face-changing technology. In a statement on the report, Copyright Office Director Shira Perlmutter pointed out that the distribution of unauthorized digital copies poses a serious threat not only in the entertainment and political fields, but also poses risks to the reputation and livelihood of ordinary citizens.
The report focuses on the connection between AI and intellectual property, specifically the right to control one’s identity. While we don’t need to apply for copyright to prevent advertisers from using our images, it is debatable whether the same is true for AI replicas.
In the past, creating a "digital replica" of a person required a lot of time and effort, so the phenomenon was usually limited to politicians and celebrities. But now, with a few videos and social media posts, almost anyone can easily and cheaply create a realistic virtual version. This opens up new possibilities for abuse, as the FCC and other federal agencies have pointed out in their respective fields.
The Copyright Office made several recommendations in its report that may help as Congress grapples with the issue. For example:
Liability should arise from distributing or making available unauthorized digital copies, not just from the act of creation itself. It should not be limited to commercial use, as the harm caused is often of a personal nature.
Protection should last at least the lifetime of the individual. Any posthumous protection should be limited to that duration, with the option of extending it if the individual's image continues to be exploited.
The regulation should include a safe harbor mechanism that incentivizes online service providers to remove unauthorized digital copies when they receive valid notice or otherwise learn that they are unauthorized.
In light of existing state rights of publicity and privacy, the Copyright Office does not recommend a comprehensive federal replacement. Federal law should provide the basis for consistent protections across the country, and states should continue to be able to provide additional protections.
The report notes that the speed, precision, and scale of digital copies created by AI require swift federal action. These recommendations from the Copyright Office provide important details for drafters of new “digital copy” laws, especially for one that is legally defensible.
With the rapid development of AI technology,AI face-changing technologyThe legal and ethical issues it brings are becoming increasingly prominent. The report and recommendations of the U.S. Copyright Office provide an important starting point for legislation in this area, but at the same time, more social consensus and legal practice are needed to ensure that the development of technology does not infringe on individual rights.