In March 2026, the House of Lords Communications and Digital Committee published its long awaited report addressing AI, copyright and the creative industries. Among its recommendations, one stands out for its potential to reshape the legal landscape: the introduction of new statutory protections against unauthorised digital replicas.
This article explores the House of Lords’ proposals to introduce new UK laws for digital replicas, examining how advances in AI are exposing gaps in existing copyright law and what the shift towards image rights could mean for creators and performers.
The committee recognised that advances in generative AI are exposing legislative gaps in existing IP law. Currently, the UK does not have a specific personality right or protection for digital likeness.
Historically, copyright has always focused on protecting works rather than people. It protects specific expressions, such as books, photographs and recordings, rather than style, sound, or identity. However, AI platforms are now capable of generating outputs “in the style of” a particular performer to create convincing voice or image imitations. In many cases, such outputs fall directly outside of the remit of copyright law.
Performers, in particular, were identified as being especially exposed. It's well-established that performers protected against unauthorised recordings of their performances. However, there is no “voice likeness” right or any general right to control the re use of one’s appearance or persona.
Existing alternative protections granted by the law, such as the tort of passing off, trade mark law or data protection, offer only piecemeal protection and are often limited to the reach of celebrities or those with established commercial goodwill.
To address this gap, the committee recommends that the government introduce new protections against unauthorised digital replicas. While the report does not go as far as detailing the exact approach to be adopted, it clearly points towards something beyond copyright.
Inevitably, this invites comparison with US publicity or image rights which allow individuals to control and licence the commercial use of their name, image, voice and likeness. The committee explicitly references US proposals for federal legislation aimed at protecting all individuals from AI generated replicas regardless of celebrity status. The committee also notes Denmark’s proposed copyright reforms to protect individuals against realistic AI-generated imitations of a person’s face or voice.
At the same time, the committee emphasises that any new UK right would need to be carefully and clearly defined to undermine legitimate uses like parody, satire, journalism or biography.
In practical terms, the report calls on the government to:
The committee is clear that this is one of the few areas where new legislation is genuinely required, as opposed to clarification of existing law. Such a right could co-exist alongside trade mark and passing off protections, rather than sitting within copyright law.
For now, this remains a recommendation rather than settled law. However, if implemented, it could mark a significant shift in UK IP law, moving closer to a recognisable form of personality or image rights, something the UK has historically resisted, but which AI may now bring back onto the legislative agenda.
For further information please contact our intellectual property team.
