UK government prepares formal consultation on UK digital replica rights

The lack of a dedicated personality right in the UK creates significant legal uncertainty for streaming platforms and production houses utilizing AI tools. While existing 'passing off' laws require proof of commercial reputation and misrepresentation, a new statutory framework would likely shift the burden of consent directly to tech developers and studios. This regulatory shift aligns the UK more closely with evolving global standards for AI likeness protection, potentially complicating international licensing agreements for digital doubles. Industry stakeholders should monitor the upcoming consultation for specific proposals on whether these rights will be targeted solely at AI replicas or established as a broader, transferable property right.

The UK government's consultation on digital replicas, published under the Copyright and Artificial Intelligence banner, seeks evidence on whether the current legal framework gives individuals sufficient control over use of their likeness and whether further intervention is required. The document explicitly defines digital replicas as images, videos, and audio recordings created by digital technology to realistically replicate an individual's voice or appearance, and notes that performers' rights under Chapter 2 of the Copyright, Designs and Patents Act 1988 may already apply to AI-generated replicas of performances.

Equity has been the most vocal union pressing for statutory personality rights. In a separate open letter sent to entertainment bosses including the BBC, Disney, ITV, and PACT, Equity outlined concerns about unlawful uses of recorded content for AI training and creating digital replicas, vowing to defend members through the courts if necessary. The union's position is that the vast majority of performer contracts lacking explicit AI clauses should not be interpreted as providing a lawful basis for AI use, and it is currently negotiating with engagers over AI protections across film and TV contracts.

The broader union coalition has also formalized its demands. Equity joined with other TUC unions to publish an AI manifesto for creative workers that calls for new likeness rights to protect creative workers from deepfakes using their image and voice without permission, alongside demands for transparency of AI training data, an opt-in system for commercial data mining, and an independent regulator to oversee AI integration into the creative sector. General Secretary Paul W Fleming described the situation as "industrial scale theft" of performers' and artists' work by big tech, framing the consultation as a direct response to sustained union pressure rather than a voluntary policy review.