Ep.130 The Property of Identity: Who Owns Your AI Digital Double and the Future of the Synthetic Persona?
Update: 2025-11-22
Description
The rise of generative AI has created the Digital Double—a highly realistic, functional replica of an individual's face, voice, and unique creative style. This digital twin can be deployed endlessly for commercial gain, but it raises the most profound legal and ethical question of the digital age: Who owns your AI Digital Double?This episode dissects the critical legal and economic confusion surrounding the ownership of synthetic identity:
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- The Ownership Conflict: Ownership is currently fragmented. Does the individual own the double (as part of their identity)? Does the AI company own it (as the creator of the generative model)? Or does the user who prompted the creation own it (as the author of the input)? Current IP law fails to provide a clear answer (Source 1.2).
- The Right of Publicity Imperative: We examine why legal experts are turning to the Right of Publicity—a law traditionally used to prevent the unauthorized use of celebrity likeness—to protect all individuals (Source 2.3). This framework asserts that the commercial value derived from a person's identity is personal property, granting them the sole right to authorize the creation and monetization of their synthetic double (Source 4.4).
- The Zero-Sum Game: The stakes are immense. If individuals lose the right to control their digital double, their voice and image can be used infinitely to compete against their own labor, fundamentally devaluing careers in acting, music, and content creation (Source 1.4). The legal outcome of this debate will define the economic autonomy of every individual in the synthetic age.
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