On July 31, 2024, the United States Copyright Office (USCO) released Copyright and Artificial Intelligence Part 1: Digital Replicas – the first in a planned multipart report on copyright-related legal and policy issues associated with the emergence of AI technology. This report addresses legal and policy issues surrounding AI-generated digital replicas, or the use of digital technology to realistically replicate an individual’s voice or appearance.“There is almost nothing more personal, and from artists to athletes almost nothing more valuable, than an individual’s name, voice, and likeness,” said Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO) Kathi Vidal. “The USPTO thanks the Copyright Office for its report and will consider the report’s findings as we prepare recommendations for potential executive action on these issues to ensure the safe, secure, and trustworthy development and use of AI technologies.”
President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO) tasks the USPTO with action regarding the implications of AI-technology for intellectual property (IP) laws and policies. The EO requires the USPTO to submit copyright-related recommendations to the president within 180 days of the USCO issuing relevant reports. Today’s report on digital replicas commences the first such 180-day time period.