Regulating AI Model Agencies: Protecting the Rights of Individuals in the Era of Generative AI

Problem Statement: With the increasing use of generative AI, there has been a rise in the creation of AI model agencies that utilise the likeness of real people without their consent or proper compensation. This raises questions around the ownership of one’s image, the right to compensation for the use of one’s likeness in commercial AI applications, and the need for regulation to protect individuals from such misuse.

Scope: This white paper will focus on the regulation of AI model agencies that utilise generative AI to create digital models based on the likeness of real people. Specifically, we will explore the legal and ethical implications of using someone’s likeness in generative AI and propose recommendations for regulation that protect the rights of individuals.

Now that we have a clear problem statement and scope, let’s move on to the introduction section.

Introduction

Generative AI has the potential to revolutionize the way we create digital content, including models for advertising, video games, and virtual reality. However, the increasing use of generative AI has raised questions around the ownership of one’s image, the right to compensation for the use of one’s likeness in commercial AI applications, and the need for regulation to protect individuals from such misuse.

In recent years, there has been a rise in the creation of AI model agencies that utilise the likeness of real people without their consent or proper compensation. These agencies use generative AI to create digital models that can be used in a variety of applications, including advertising, fashion, and entertainment.

The use of someone’s likeness in generative AI raises important legal and ethical questions around the ownership of one’s image, the right to compensation for the use of one’s likeness in commercial AI applications, and the need for regulation to protect individuals from such misuse.

In this white paper, we will explore the legal and ethical implications of using someone’s likeness in generative AI and propose recommendations for regulation that protect the rights of individuals.

Background

The use of someone’s likeness in commercial applications has long been subject to legal and ethical considerations. In most jurisdictions, individuals have the right to control the commercial use of their image, voice, and likeness. This right is typically referred to as the right of publicity or personality right.

The right of publicity is a subset of the broader category of intellectual property rights. It is a legal right that allows individuals to control the commercial use of their name, likeness, and other identifying characteristics. The right of publicity is designed to protect individuals from the unauthorized commercial exploitation of their image or persona.

The use of generative AI in the creation of digital models based on the likeness of real people raises important questions around the ownership of one’s image, the right to compensation for the use of one’s likeness in commercial AI applications, and the need for regulation to protect individuals from such misuse.

Legal Implications

The use of someone’s likeness in generative AI raises important legal questions around the ownership of one’s image and the right to compensation for the use of one’s likeness in commercial AI applications.

In most jurisdictions, individuals have the right to control the commercial use of their image, voice, and likeness. This right is typically referred to as the right of publicity or personality right. The right of publicity is a legal right that allows individuals to control the commercial use of their name, likeness, and other identifying characteristics.

However, the application of the right of publicity to generative AI is still a developing area of law. There are currently no clear legal precedents that specifically address the use of generative AI in the creation of digital models based on the likeness of real people.

This lack of legal clarity creates uncertainty for both individuals and AI model agencies. Individuals may be unsure of their rights to control the commercial use of their likeness

in generative AI, while AI model agencies may be unsure of the legal risks associated with using someone’s likeness in their models.

To address this legal uncertainty, it is recommended that legislation be enacted that specifically addresses the use of generative AI in the creation of digital models based on the likeness of real people. This legislation should clarify the rights of individuals to control the commercial use of their likeness in generative AI applications and provide clear guidelines for AI model agencies to follow.

Furthermore, it is important that any legislation be designed to balance the interests of individuals and AI model agencies. While individuals have the right to control the commercial use of their likeness, AI model agencies also have a legitimate interest in creating digital models for use in commercial applications.

Ethical Implications

In addition to the legal implications, the use of someone’s likeness in generative AI also raises important ethical questions. One of the key concerns is the potential for individuals to be exploited or misrepresented in generative AI applications.

For example, an AI model agency may use someone’s likeness in a way that misrepresents their beliefs or values. This could lead to reputational harm or other negative consequences for the individual in question.

To address these ethical concerns, it is recommended that AI model agencies be required to obtain the informed consent of individuals before using their likeness in generative AI applications. In addition, AI model agencies should be required to provide individuals with clear information about how their likeness will be used and the potential risks associated with such use.

Furthermore, it is important that any regulation of AI model agencies be designed to promote transparency and accountability. This could include requirements for AI model agencies to disclose information about their data collection and processing practices, as well as mechanisms for individuals to access and correct any data that is collected about them.

Recommendations for Regulation

Based on the legal and ethical considerations discussed above, the following recommendations are proposed for the regulation of AI model agencies that utilise generative AI and the likeness of real people:

1. Enact legislation that specifically addresses the use of generative AI in the creation of digital models based on the likeness of real people. This legislation should clarify the rights of individuals to control the commercial use of their likeness in generative AI applications and provide clear guidelines for AI model agencies to follow.

2. Require AI model agencies to obtain the informed consent of individuals before using their likeness in generative AI applications. This should include clear information about how the likeness will be used and the potential risks associated with such use.

3. Promote transparency and accountability by requiring AI model agencies to disclose information about their data collection and processing practices, as well as mechanisms for individuals to access and correct any data that is collected about them.

4. Design any regulation of AI model agencies to balance the interests of individuals and AI model agencies, while prioritising the protection of individuals’ rights.

Conclusion

The use of generative AI in the creation of digital models based on the likeness of real people raises important legal and ethical questions around the ownership of one’s image, the right to compensation for the use of one’s likeness in commercial AI applications, and the need for regulation to protect individuals from such misuse.

To address these questions, it is recommended that legislation be enacted that specifically addresses the use of generative AI in the creation of digital models based on the likeness of real people. This legislation should clarify the rights of individuals to control the commercial use of their likeness in generative AI applications and provide clear guidelines for AI model agencies to follow.

In addition, it is important that any regulation of AI model agencies be designed to promote transparency and accountability, while balancing the interests of individuals and AI model agencies. By taking these steps, we can ensure that the use of generative AI in commercial applications is conducted in a manner that respects the rights and dignity of individuals