The US Copyright Office has published a report recommending new and improved protections against digital replicas, stating that a new law is needed due to the potential harm caused by unauthorized publication and distribution of AI-created digital replicas. The assessment also highlights the current shortcomings in addressing digital replicas under both state and federal laws and suggests safe harbor provisions to encourage online service providers to promptly remove unauthorized replicas. The timing of this publication coincides with recent Senate actions to address digital replications, including the passage of the DEFIANCE Act and the introduction of the NO FAKES Act. The report is the first in a series of investigations into AI by the Copyright Office, with further exploration expected to shed light on the use of AI in art and communication. It is hoped that legislators and courts will take these findings seriously moving forward.
