Digital Replica Laws

Abstract

This paper proposes amendments to Japan’s Unfair Competition Prevention Act to address legal challenges posed by digital replicas—highly realistic, AI-generated reproductions of an individual’s voice and likeness. While the right of publicity under Japan’s Civil Code offers some protection, it has key limitations: it expires upon death, lacks clear standards for balancing free speech, and is difficult to apply to works featuring multiple individuals, such as films and games. Drawing on recent U.S. legislative developments, particularly in New York and California, this paper argues for new statutory provisions under unfair competition law. This approach would serve as a preventive and instrumental measure, enabling claims by licensees and establishing grounds for criminal penalties. By focusing on post-mortem digital replica usage, it would provide clearer legal interpretation and implementation without significantly altering existing case law, effectively addressing AI-related challenges.