U.S. Copyright Office released 《Copyright and Artificial Intelligence:Part 1 Digital Replicas》

On July 31, 2024, the U.S. Copyright Office released Part 1 of its highly anticipated report, Copyright and Artificial Intelligence. The Report addresses the legal and policy issues related to artificial intelligence (AI) and copyright, as outlined in the Office’s August 2023 notice of inquiry.

Part 1: Digital Replicas responds to the proliferation of videos, images, or audio recordings that have been digitally created or digitally manipulated to realistically but falsely depict an individual. The Office’s study of this issue, including its review of the more than 10,000 comments received in response to the August 2023 notice of inquiry, made clear that unauthorized uses of digital replicas pose a serious threat not only in the entertainment and political arenas but also for private citizens. The Office finds that existing legal protections are not sufficient to meet this threat in the age of AI and recommends that Congress enact a new federal law that protects all individuals from knowing distribution of unauthorized digital replicas. Part 1: Digital Replicas further discusses the contours of a federal digital replica law, including what kinds of replicas it should cover, whom it should protect, the term of protection, liability, licensing and assignment, First Amendment concerns, potential remedies, and the statute’s relationship to state law.

Part 1 also discusses protections against AI outputs that deliberately imitate an artist’s style. The Office acknowledges creators’ concerns and identifies some legal remedies available to them, but it does not recommend including style in the scope of a federal digital replica law.

The release of Part 1: Digital Replicas follows significant work by the Office beginning in early 2023 when the Office launched its AI initiative. Through the initiative, the Office has issued registration guidance for works incorporating AI-generated content, hosted public listening sessions and webinars attended by thousands, met with numerous experts and stakeholders, and solicited comments through a notice of inquiry in the Federal Register. The notice of inquiry closed in December 2023, and the Office has been reviewing the over 10,000 responsive comments for this Report.

As Register of Copyrights Shira Perlmutter noted in the foreword to the Report:

“AI raises fundamental questions for copyright law and policy, which many see as existential. To what extent will AI-generated content replace human authorship? How does human creativity differ in nature from what AI systems can generate, now or in the future? What does this mean for the incentive-based foundation of the U.S. copyright system? In what ways can the technology serve as a valuable tool to amplify human creativity and ultimately promote science and the arts? How do we respect and reward human creators without impeding technological progress?”

Original link：《Copyright and Artificial Intelligence:Part 1 Digital Replicas》