Can You Claim Proprietorship Over Artificial Intelligence Characters You Develop?
In the digital age, AI-driven social media influencers have made a splash, boasting impressive followings and generating significant revenue. These AI-powered personalities, like Aitana and Lu, appear strikingly human and seamlessly blend into the glamorous lifestyle of the rich and famous. Their creators are raking in the dough, with Aitana accumulating over 300,000 followers and bringing in a solid $10,000 monthly income. The best part? AI influencers never complain, throw tantrums, or demand paychecks. It's a fantastical dream come true – until we consider the legal consequences of owning these AI emotions and actions.
The question at hand is whether copyright law can save the day, shielding us from potential ownership woes. However, the U.S. Copyright Office doesn't dance to this tune, declaring that AI-crafted works cannot be copyrighted. But fear not! There's a loophole. To skirt this issue, have a living, breathing human being exquisitely sketch the AI influencer from various angles. Register these detailed drawings with the Copyright Office, and voilà! The copyright-protected sketches now serve as a formidable barrier against copycats.
Alas, there's a catch. Third parties may still replicate the AI influencer's unique quirks, voice, and lovable personality when creating a new AI actor, provided their Artificial Avatar doesn't bear a striking resemblance to the original. On the bright side, traditional copyright protection does not extend to the "real name" of the AI influencer. Fret not, trademark law might just play the hero and protect that precious moniker.
Keeping the image of an AI influencer under lock and key using trademark law? A moot point, you say. Well, hold onto your hats because it might be possible to protect the image if linked to a specific body of work, like a franchise. But how?
- "Distinctive" as a doodle – Avoid drawing an AI influencer that mirrors an existing celebrity. Give your creation an identity.
- Show me the money – Blow up your AI influencer's image in advertisements, social media, YouTube, and films, with the objective of generating income.
- Give it a catchy name – A memorable, distinct name will increase the odds of trademark protection.
- Register the name and image with the U.S. Trademark Office.
It's safe to bet that the creators of AI influencers have already jumped on these bandwagons. Otherwise, everyone would be running with the cheese, crawling over each other, exploiting their creations without consequence.
Enrichment Insights:
- Copyright and Trademark Law: Protecting the legality of AI influencers involves both copyright and trademark laws. Under copyright, human contribution and joint authorship dictate the eligibility for protection. Trademark law protects the likeness, voice, and digital movements of virtual influencers, similar to how human influencers are safeguarded.
- Practical Steps: Disclosures, attribution, contracts, and registration are critical to securing ownership of AI-generated content. By disclosing the AI-powered origin of the content, attributing AI work, ensuring comprehension of AI tool terms and conditions, and registering copyrights and trademarks, better legal protection is possible.
- Utilizing the loophole in copyright law, some creators of AI actors, like those of 'ai actors' such as Aitana and Lu, are registering detailed sketches of their digital personalities with the Copyright Office to protect their work from being copied.
- Influencers in the digital sphere, including 'influencers' like Aitana, are now leveraging trademark law to secure the unique names and images associated with their AI-driven personas, ensuring that their brands remain exclusive and protected.
- To fully benefit from the legal protections available, creators of AI actors, including those behind 'ai actors' like Aitana, ought to take practical steps, such as clearly disclosing the AI nature of their influencer, registering copyrights and trademarks, and ensuring agreements with those using the AI influencer's name and likeness, thereby safeguarding their income and preventing potential litigation.
