Rights & Ethics

Digital replica

Computer-generated realistic representation of an individual's voice or likeness.

How the laws define this

Regulators consistently establish that a digital replica is a computer-generated electronic representation of a person’s voice or visual likeness that is realistic enough to be readily identified as or mistaken for that actual individual. The primary point of divergence across these legal instruments involves the specific status of the individual covered and the context of the replica's creation. New York Senate Bill S5959 narrows its scope strictly to the likeness or voice of a deceased performer or personality. Conversely, Assembly Bill No. 1836, the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025, and The Republic Unifying Meritocratic Performance Advancing Machine Intelligence by Eliminating Regulatory Interstate Chaos Across American Industry Act apply to individuals generally. Additionally, Assembly Bill No. 1836 and the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025 explicitly specify that the target individual did not actually perform or that their performance was materially altered, while explicitly excluding authorized reproductions or samples from being classified as digital replicas.

Synthesised from the 4 statutory definitions below. Each one is quoted in full, with its source.

Definitions (5)

A "digital replica" is defined as a computer-generated, highly realistic electronic representation readily identifiable as an individual’s voice or visual likeness, embodied in a sound recording, image, audiovisual work, or transmission; it includes altered performances where the fundamental character of the original performance was materially changed, and excludes authorized reproductions, samples, remixes, mastering, or remasters authorized by the copyright holder.

A computer-generated or electronically created likeness or voice of a deceased performer or personality used to represent that person, potentially substituting for their actual recorded or performed material.

A computer-generated representation of a person's voice or likeness that is sufficiently realistic to be mistaken for the actual individual.

A newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual, embodied in sound recordings, images, or audiovisual works where the actual individual did not perform or appear, or where their performance or appearance has been materially altered. It explicitly excludes authorized reproductions or samples.

A computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual. It covers cases where the person did not perform or appear, or where the original performance or appearance was materially altered.

Senate Bill No. 1111Definition 5 of 5