Stolen Shadows: The Legal Battle For The Digital Doppelganger And The Ethics Of AI Cloning
- IJLLR Journal
- 15 minutes ago
- 2 min read
Manorama Rameshwar Modhekar, B.A.LL.B. Manikchand Pahade Law College, Chh. Sambhajinagar (MAH)
ABSTRACT
As generative artificial intelligence moves from text-based outputs to high- fidelity "clones," we are witnessing the birth of the Digital Doppelganger, a hyper-realistic synthesis of an individual’s voice, likeness, and behavioral patterns. While these AI entities offer groundbreaking potential in entertainment, legacy preservation, and digital presence, they simultaneously trigger a profound legal crisis: who owns the "digital you"? This paper navigates the murky waters where personality rights collide with intellectual property law. Currently, our legal frameworks are built on a binary of "persons" and "property," yet an AI clone sits uncomfortably between both.
The research begins by dissecting the shift from static data profiles to dynamic, generative identities. It argues that traditional Right of Publicity and Copyright laws are fundamentally broken when applied to an entity that can think, speak, and profit in your name without your active heartbeat. By examining recent global precedents ranging from Hollywood’s labor strikes over "digital twins" to the evolving landscape of Indian privacy jurisprudence; this study highlights a dangerous "ownership vacuum." This vacuum allows tech conglomerates to claim "authorship" of a likeness through restrictive Terms of Service, effectively stripping individuals of their Digital Sovereignty.
Furthermore, the paper explores the unsettling concept of Digital Afterlife. If an AI clone persists after the biological source passes away, do the rights to that identity become a heritable asset, or a privacy violation waiting to happen? Ultimately, this research proposes a shift toward Identity Property Rights, a new legal category that treats a digital likeness as an extension of the human person rather than a mere dataset. By advocating for "Identity Royalties" and mandatory consent protocols, this paper seeks to ensure that in an era of infinite replication, the "unique human spark" remains legally protected and personally owned.
Keywords: Digital Doppelganger, Personality Rights, Generative AI, Digital Sovereignty, Right of Publicity, Post-Mortem Privacy, Identity Property.
