By Tres Rivers
Investigative Journalist
AUSTIN TEXAS-The U.S. legal framework is different from Denmark's, as it primarily relies on Right of Publicity (mostly state law) and existing Copyright Law (federal law). To push for a new, comprehensive law, you would target federal and state legislators.
1. Contact Your Federal Representatives
Since copyright law is governed at the federal level, major changes to grant identity-as-property would require an act of Congress.
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U.S. House of Representatives and Senate:
- Find and contact your specific representatives (Senator and House Member). You can call their local or D.C. office, or send an email through their official website.
- Ask them to introduce or support legislation that would grant individuals an enforceable intellectual property right over their likeness (voice, image, biometrics) and explicitly protect it from unauthorized replication by generative AI.
- Look for committees that handle intellectual property and technology, such as the Senate Judiciary Committee and the House Judiciary Committee.
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The U.S. Copyright Office:
- This agency within the Library of Congress advises Congress on copyright policy. They have already launched an initiative to study AI and copyright.
- Monitor and respond to their Notices of Inquiry (NOIs) or public consultations regarding AI and digital replicas. This is a technical channel for providing public input that directly influences policy recommendations.
2. Focus on State-Level Legislation
The Right of Publicity—the right to control the commercial use of your name, likeness, and identity—is primarily a matter of state law in the U.S. Some states already have laws addressing unauthorized "deepfakes," but they are often limited to:
- Commercial Use: Preventing misuse in advertising.
- Explicit Content: Criminalizing the non-consensual sharing of deepfake pornography (which is now also partially addressed by federal law like the "Take It Down Act").
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Contact Your State Legislators:
- Contact your State Senator and State Representative (or Assembly Member).
- Advocate for a comprehensive state-level Right of Publicity law that explicitly grants citizens ownership of their voice, face, and body data, making it actionable against generative AI misuse, regardless of a commercial motive.
3. Engage with Federal Regulatory Bodies
While not the ultimate lawmakers, these agencies are actively shaping rules around AI and consumer protection:
- Federal Trade Commission (FTC): The FTC focuses on deceptive and unfair business practices. They are examining how AI uses data and could impose regulations on companies that misuse personal likenesses.
- You can submit comments on ongoing FTC rulemakings or file consumer complaints about deceptive AI practices.
4. Support Advocacy and Policy Organizations
Numerous non-profit organizations and industry groups are actively campaigning for AI and digital rights laws.
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Look for organizations that focus on:
- Intellectual property rights (e.g., guilds, unions for artists, actors, and musicians).
- Digital rights and privacy (e.g., Electronic Frontier Foundation, Future of Privacy Forum).
- Join their campaigns and support their lobbying efforts, as they often have direct access to policymakers and the legal expertise to draft legislation.
The Danish proposal is an example of an emerging legal concept. In the U.S., achieving a similar result would likely require a significant legislative effort to either expand the federal definition of Copyright or harmonize and strengthen State Right of Publicity laws.