Through the Looking-Glass

AI Holography, Digital Personas, and the CDPA 1988

Jakob A. R. Beecham

The rapid development of artificial intelligence (AI) and digital holography has exposed gaps in

UK legal protection for performers, particularly after death. This commentary examines whether

the Copyright, Designs and Patents Act 1988 (CDPA) adequately protects performers against

unauthorised posthumous digital reanimation through AI and deepfake technologies. It argues

that the CDPA protects recorded performances rather than a performer’s personality, likeness,

voice, or identity, leaving estates with limited recourse where AI-generated recreations are not

derived from identifiable copyrighted recordings or where training datasets cannot be

established. The commentary distinguishes between direct and indirect digital personas and

examines the evidential difficulties created by opaque AI datasets and synthetic performances.

Comparative analysis of developments in Denmark, the Netherlands, France, the EU, and

California identifies emerging approaches to personality rights, posthumous protection, and AI

transparency. It concludes that the UK should introduce statutory personality rights, extend

posthumous protection, and impose transparency obligations upon AI developers and deployers.

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