Author(s) :

Luojia (April) Liu.

Volume/Issue :

Abstract :

This paper examines the structural weaknesses within the U.S. copyright and publicity rights frameworks exposed by Artificial Intelligence (AI)-generated vocal covers. Using the “Fake Drake” case as a focal point, the paper identifies gaps in the existing legal framework. It analyzes the frequent abuses and shortcomings of the Digital Millennium Copyright Act’s (DMCA) notice-and-takedown system, which fails to protect fair use and enables censorship. Furthermore, the paper further highlights the fragmented, state-by-state nature of publicity rights in the U.S., which creates uneven protection for artists defending their identity. When technology replicates an artist’s voice convincingly, existing laws struggle to respond effectively. Moreover, without stronger coherence across statutes, creators face uncertainty when imitated by technology. A feasible reform path would involve setting up an office tasked with reviewing DMCA complaints before they proceed—complete with penalties for those filed without genuine basis. Instead of piling on complexity, one path forward involves crafting a federal right of publicity guided by a consistent court-tested standard. This standard would weigh expressive freedoms against an individual’s claim to their own image. Such steps to reform could provide a system where AI outputs don’t override creator interests. Ultimately, fairness emerges when legal safeguards are aligned with contemporary modes of creative production and distribution.