Recommends that Congress establish a federal right to protect individuals from the distribution of unauthorized digital replicas during their lifetimes. Proposes that this right be licensable and subject to guardrails but not assignable, with remedies such as monetary damages and injunctive relief available. Recommends applying traditional rules of secondary liability, with a safe harbor for online service providers suitably conditioned. Suggests explicit First Amendment accommodations in the law. Advises against full preemption of state laws, recognizing well-developed state rights of publicity. Offers the Copyright Office as a resource for Congress, the courts, and the executive branch in implementing these recommendations and addressing future developments.
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Copyright Office Part 1 Digital Replicas 2024
ETO AGORA · Miscellaneous documents · 2024
Summary
Recommends that Congress establish a federal right to protect individuals from the distribution of unauthorized digital replicas during their lifetimes.
Proposes that this right be licensable and subject to guardrails but not assignable, with remedies such as monetary damages and injunctive relief available.
Recommends applying traditional rules of secondary liability, with a safe harbor for online service providers suitably conditioned.
Suggests explicit First Amendment accommodations in the law.
Advises against full preemption of state laws, recognizing well-developed state rights of publicity.
Offers the Copyright Office as a resource for Congress, the courts, and the executive branch in implementing these recommendations and addressing future developments.
Segment 1
[removed all parts of the report except the conclusion, which contained actionable recommendations]
The Copyright Office acknowledges that generative AI tools creating digital replicas expose legal gaps and calls for new federal protections
The Copyright Office agrees with the numerous commenters that have asserted an urgent need for new protection at the federal level. The widespread availability of generative AI tools that make it easy to create digital replicas of individuals’ images and voices has highlighted gaps in existing laws and raised concerns about the harms that can be inflicted by unauthorized uses.
Recommends Congress establish a licensable but not assignable federal right protecting individuals from the unauthorized distribution of digital replicas
We recommend that Congress establish a federal right that protects all individuals during their lifetimes from the knowing distribution of unauthorized digital replicas. The right should be licensable, subject to guardrails, but not assignable, with effective remedies including monetary damages and injunctive relief. Traditional rules of secondary liability should apply, but with an appropriately conditioned safe harbor for OSPs. The law should contain explicit First Amendment accommodations. Finally, in recognition of well-developed state rights of publicity, we recommend against full preemption of state laws.
States the Office will remain available as a resource for Congress, the courts, and the executive branch
The Office remains available as a resource to Congress, the courts, and the executive branch in considering the recommendations in this Report and future developments.