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Record STMT-W5A1B75Aspirational

Copyright and Artificial Intelligence Part 1: Digital Replicas

Report Institutional policyNorthern America · USadopted

This report by the U.S. Copyright Office addresses the legal and policy issues related to artificial intelligence and copyright, focusing in Part 1 on digital replicas. It analyzes existing state and federal legal frameworks, concluding they are insufficient to address the rapid rise of AI-generated deepfakes and voice clones. Consequently, the Office recommends the enactment of new federal legislation to protect all individuals from unauthorized digital replicas during their lifetimes, alongside specific licensing guardrails, OSP safe harbors, and First Amendment accommodations.

Summary and content fields are drawn from the document text and are pending editorial review.

Who issued it

U.S. Copyright OfficeGovernment
Lead issuer
Legal forceAspirational
Under whose authorityInstitutional policy
Judged fromfull text

Who it governs

National governmentGeneral publicLegislatorsRegulatorsAI developers and providersAI deployers and usersResearchers and academics

Policymakers, legislators, legal scholars, and creators seeking guidance on addressing the challenges of AI-generated digital replicas under U.S. law.

Sectors
Cross-sectorMedia and information · entertainment and mediaResearch and science · legal and policy research

What the document contains

What's covered

The document covers the legal and policy implications of AI-generated digital replicas (deepfakes) and voice clones. It examines existing state and federal legal frameworks, analyzes shortcomings in current protections, evaluates ongoing congressional proposals, and provides detailed recommendations for new federal legislation.

What's missing

The report does not address other aspects of AI and copyright, such as the copyrightability of AI-generated works or the training of AI models on copyrighted works, which are reserved for subsequent parts of the study.

Key takeaways
  • Generative AI has enabled the creation and dissemination of realistic digital replicas at an unprecedented speed and scale, impacting both celebrities and ordinary individuals.
  • Existing state and federal laws, such as copyright, trademark, and state publicity laws, provide a fragmented patchwork of protection and are insufficient to address modern deepfake threats.
  • The U.S. Copyright Office recommends a new federal law protecting all individuals during their lifetime against the knowing distribution of unauthorized digital replicas.
  • A new federal digital replica right should cover both commercial and non-commercial uses, require actual knowledge for liability, and include a notice-and-takedown safe harbor for online service providers.
  • Licenses for digital replica rights should be permitted with appropriate guardrails (such as time limits and protections for minors), but outright assignments should be banned.
  • The report does not recommend including artistic style as protected subject matter under a federal digital replica law at this time, as existing copyright and unfair competition rules suffice.
Outline
· ABOUT THIS REPORT
· ABOUT THE U.S. COPYRIGHT OFFICE
· FOREWORD FROM THE REGISTER OF COPYRIGHTS
· PREFACE
· EXECUTIVE SUMMARY
· I. INTRODUCTION
  - A. AI and Digital Replicas
  - B. Background of This Study
· II. PROTECTION AGAINST UNAUTHORIZED DIGITAL REPLICAS
  - A. Existing Legal Frameworks
  - B. The Need for Federal Legislation
· III. PROTECTION OF ARTISTIC STYLE
· IV. CONCLUSION
Issued31 July 2024
Length32,419 words
FormatNot recorded
Scopenational

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Accountability

4/5

Clear responsibility for AI outcomes

Liability should arise from the distribution or making available of an unauthorized digital replica, but not the act of creation alone.

EXECUTIVE SUMMARY

screening score · 2026-10-23

Human Dignity

3/5

Respect for the inherent worth of persons

The common law right of privacy emerged in the late 19th century and has been described as protecting against unreasonable intrusions into individuals’ private lives, safeguarding their autonomy, dignity, and personal integrity.

II.A.1.a

screening score · 2026-10-23

Human Oversight

0/5

Humans remain in control of consequential decisions

n/a

screening score · 2026-10-23

Privacy

3/5

Protection of personal data and private life

The most directly relevant state laws are the long-standing rights of publicity and privacy.

II.A.1

screening score · 2026-10-23

Enforcement

4/5

Consequences and compliance mechanisms with real force

Potential remedies include statutory or actual damages, whichever is greater, lost profits, punitive damages, and attorney’s fees.

II.B.2.a

screening score · 2026-10-23

Impact Assessment

1/5

Required assessment of an AI system's risks/impacts before or during use

The Report will be published in several Parts, each one addressing a different topic.

ABOUT THIS REPORT

screening score · 2026-10-23

Topics

artificial_intelligence digital_replicas copyright_law right_of_publicity federal_legislation