On July 31, 2024, the U.S. Copyright Office issued the first part of a Report analyzing copyright law and policy issues related to copyright and artificial intelligence (AI).
The release focuses on digital replicas, which the report defines as “a video, image, or audio recording that has been digitally created or manipulated to realistically but falsely depict an individual. The release uses the terms “digital replicas” and “deepfakes” interchangeably and concludes that a new law is needed. “Without a robust nationwide remedy, [the] unauthorized publication and distribution [of AI-created digital replicas] threaten substantial harm not only in the entertainment and political arenas, but also for private individuals.”
This release is part of a larger initiative launched by the Copyright Office in 2023 to examine how emerging technologies and sophisticated generative AI models affect intellectual property, especially as they relate to copyright law and policy. The Copyright Office plans to publish at least two more related AI-policy studies this year. The next is expected to review other discrete IP legal issues in the AI debate such as the “Fair Use” principles around training LLMs.