The US copyright office wants better legal protection for AI-generated deepfakes

The US Copyright Office has published new and improved protections it recommends for digital copies. “We have concluded that a new law is needed,” said the department’s report. “The speed, accuracy, and scale of digital images created by AI require immediate government action. Without a strong nationwide remedy, their unauthorized publication and distribution threatens serious harm not only to entertainment and politics, but also to private individuals.”

The Patent Office’s assessment reveals several areas where current laws fall short in dealing with digital duplication. It describes the country level as “a patchwork of protection, with the availability of a remedy depending on where the affected person lives or where the unauthorized use occurred.” Similarly, “existing federal laws are stretched too thin to fully address the damage from today’s sophisticated digital images.”

Among the report’s recommendations is the provision of a safe harbor to encourage Internet service providers to quickly remove unauthorized digital copies. It also notes that “everyone has a legitimate interest in controlling the use of their reputation, and harms such as intrusion, bullying, defamation, and use of pornography are not limited to celebrities,” meaning that laws should cover all people, not just celebrities.

The timing of this publication is appropriate, considering that the Senate has been taking significant steps this month to establish new legislative frameworks regarding the use of digital reproductions and copies produced by AI. Last week, legislators passed a provision for victims of deep sex. Today was introduced to broadly allow any person to be liable for damages for the unauthorized use of their name or likeness.

Today’s analysis is the first of several parts of the copyright office’s investigation into AI. As there are many other questions to explore regarding the use of AI in art and communication, the agency’s ongoing findings should prove insightful. I hope that legislators and courts alike will continue to take them seriously.