What Proponents of Digital Replica Laws Can Learn from the Digital Millennium Copyright Act
Briefly

The article discusses the growing unease among performers and the public about being replaced or misrepresented by AI-generated content, highlighting legislative efforts aimed at safeguarding creators. Yet, these proposed laws often introduce new dilemmas. In particular, the discussed bill's provision allowing platforms to avoid liability through a DMCA-like notice system could incentivize excessive censorship. Notably, severe penalties for content removal errors threaten the viability of online platforms and freedom of expression. The historical context suggests that without safety measures, the landscape for creative sharing could significantly deteriorate.
The recent proposals meant to protect creators from AI imitations may inadvertently lead to increased censorship and penalize platforms for unintentional copyright breaches.
The safe harbor provisions in the new bill provide minimal reassurance to platforms, and the $5,000 penalty per violation is unsustainable in practice.
Read at Electronic Frontier Foundation
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