AI-manipulated faces and digital clones: Jennifer Rothman discusses safeguarding identity in the era of advanced technology and law
In a world where technology continues to advance at an unprecedented pace, the question of who owns and controls digital replicas and AI-generated likenesses is becoming increasingly important. A federal law, if carefully crafted, could help standardize this new terrain at the state level.
The roots of copyright law can be traced back to the U.S. Constitution, but its application in the digital age presents unique challenges. New state laws and federal bills are creating a quasi-copyright system for digital replicas and voice clones, raising questions about ownership and control.
Jennifer Rothman, a professor at Penn Carey Law and a global expert in intellectual property law, has been at the forefront of this debate. She has a secondary appointment at Penn's Annenberg School for Communication, and her work has recently focused on how the law should respond to the rise of artificial intelligence in the United States.
Rothman has given the Donald C. Brace Lecture for the U.S. Copyright Society with the title "Copyrighting People." In her lecture, she warned against copyright law becoming a vehicle for others to control a person's identity. She emphasized the need for legislation to robustly protect personal control over digital selves and the public from deception.
The right of publicity, a type of state law that protects against unauthorized uses of a person's name, likeness, or voice, is another crucial aspect of this discussion. Rothman is a leading expert on this matter, and her insights are frequently sought after in debates about state and federal legislation in the United States.
One of the key issues is whether a person would infringe replica rights by creating new performances of themselves. Questions also exist about the impact of copyrightable digital replicas on a person's control over their use.
Lawrence Lessig, the author of a published work titled "Copyrighting People," has expressed concerns that copyright could become a means to control the identity of others, whether artists, politicians, athletes, or ordinary citizens in the United States. This raises further questions about the intersection of U.S. copyright law and the right of publicity.
However, rushing through legislation that may worsen the circulation of deepfakes and lack of personal control over digital replicas is a cause for caution. A dystopian future is possible with technology that deceptively makes it appear as if people are saying and doing things they never did in the United States.
In conclusion, as technology continues to evolve, so too must our laws. The standardization of digital replica and AI laws at the federal level could provide much-needed clarity and protection for individuals in this digital age. It is crucial that we tread carefully, ensuring that personal control over digital selves is preserved and the public is protected from deception in the United States.
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