With the rise of artificial intelligence, have spread new ways of creating digital content which, sometimes, cannot be distinguished from the original ones. In this context, the issue of digital replicas is particularly relevant, for this reason the US Copyright Office (USCO) has recently published a report with the aim of regulating the topic more strictly in order to guarantee an effective protection of the rights involved, such as privacy and intellectual property rights.
The problem of digital replicas
The term digital replicas – or deepfake – refers to a digital content created through the use of digital technology to reproduce the voice or the physical appearance of a specific individual. Such replica, depending on the sophistication of the technology used, is so realistic and similar to the original that makes their distinction impossible or in any case difficult.
The diffusion of deepfakes has raised many concerns as for the protection of copyrights and privacy rights, as well as for the right to personal identity of the individuals who sometimes are pictured without their authorization.
The episode happened in April 2023 and known as “Fake Drake” is an emblematic case relating to digital replicas. In this case, an individual used the voices of two world-famous singers for the creation of a song. The song had huge success, becoming viral on the main online streaming platforms and on social media, earning millions of views and streams. Nevertheless, neither of the two singers did participate in the creation of the song, as their voices were generated through artificial intelligence, moreover without their consent.
The answer of the Us Copyright Office
The US Copyright Office (USCO) on July 31st 2024 issued the first part of its report “Copyright and Artificial Intelligence Part 1: Digital Replicas“ where it addresses in detail the issues connected to digital replicas, with particular attention to the ability of artificial intelligence to realistically reproduce voices, images and physical features of individuals.
The report highlights the massive use of artificial intelligence in the US for the creation of original artistic works, such as texts, images and music. Nevertheless, distorted uses of artificial intelligence, in particular relating to unauthorized forms of digital replicas, are also common.
The issue does not concern only the violation of the owner’s industrial and intellectual property rights, but it also involves their economic and reputational level, with possible damaging consequences.
In its report, the USCO formulates a series of recommendations addressed mainly to the US Congress. One of the most relevant proposals is to enact a new federal law aimed at contrasting specifically the distribution of unauthorized digital replicas, in order to prevent misuses and guarantee a suitable protection of the rights of the people involved.
Moreover, USCO announced that the next parts of the report will address the topics of the copyrightability of works created using generative AI, the training of AI models on copyrighted works, licensing considerations, and the allocation of any potential liability. The issues addressed in the report are crucial not only for the protection of artists’ rights, but potentially also for common citizens, whose reputation could be threatened by the misuse of deepfakes. As a matter of facts, the new and upcoming regulation, which will be drafted in light of the content of this report, has as main goal to balance technological innovation and the protection of rights.
Elena Bandinelli