Discussing copyright, deep-fakes, and the digital self with Dr. Hayleigh Bosher

In an exclusive chat with Elizabeth Jordan, legal expert and author Dr. Hayleigh Bosher dives into the “murky territory” where the UK’s current intellectual property framework meets the rapid evolution of generative AI. As a specialist in the creative industries and author of Copyright in the Music Industry, Bosher provides a critical assessment of whether the law is truly prepared for the AI revolution.

Addressing the legal gaps

One of the most pressing concerns discussed is the rise of unauthorized deep fakes and digital replicas. Bosher highlights a significant vacuum in current UK law, noting that while some legal avenues exist for specific circumstances, there is a distinct lack of precedent and effective protection for the average person.

Reflecting on her research into the legal options available for victims of unauthorized deep fakes, she observes:

“Ultimately what I found was that it’s very unlikely to be super helpful for most people in the situation of unauthorized deep fakes… I do think there’s a gap there, absolutely.”

Licensing and the training debate

The interview also explores the contentious issue of AI training. Bosher stakes a firm claim on the licensing debate, arguing that under UK law, permission or a license should be required to use copyright-protected material to train AI models. She further suggests that the protectability of AI-generated outputs should perhaps be linked to whether the training data was licensed legally in the first place.

When asked for her “wish list” for IP reform, Bosher advocates for a major shift: the introduction of personality rights into UK law. Unlike many existing jurisdictions where such rights apply only to celebrities, Bosher envisions a framework that protects every individual’s digital likeness and voice.

Explaining her vision for a more sustainable legal future, she states:

“We should allow everybody to have a right in the way that they appear, their likeness, their voice in the digital world in the same way that we have human rights in our body in the physical world.”

Upholding human creativity

Beyond the technicalities of the law, Bosher makes a passionate case for the societal value of human creativity. She warns against the “erosion of consent” inherent in some AI developments and urges policymakers to prioritize the livelihoods of creators over the “innovation at all costs” mindset of big tech.

Watch the full interview to hear more on the “Getty Images” appeal, the impact of AI on education, and what to expect from the new season of Dr. Bosher’s podcast, Whose Song Is It Anyway?

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