Deepfakes, Digital Replicas & Intellectual Property Rights: An Examination of Copyright, Trademark & Publicity Rights in Pakistan

Abstract

This study examines the current state of legal protections for individuals against the unauthorised creation and use of deepfakes and AI-generated digital replicas under Pakistani law. The use of artificial intelligence to create AI-generated media works has grown rapidly. However, Pakistan's existing intellectual property laws, including the Copyright Ordinance 1962 and the Trade Marks Ordinance 2001, as well as other protection mechanisms, do not provide sufficient protection to regulate or control the non-consensual use of an individual's likeness, voice, or persona. The study adopts a doctrinal legal method to analyse the relevant provisions of copyright and trademark law, as well as personality and publicity rights under Pakistani law. It argues that both the Copyright Ordinance 1962 and the Trade Marks Ordinance 2001 are not equipped to protect digital identity in the era of artificial intelligence. The analysis also applies the comparative law method and draws on international experiences and legislative developments from other jurisdictions. The study recommends the adoption of a statutory intellectual property right to persona in deepfakes and digital replicas in Pakistan. This proposed persona right would provide individuals with protection over their digital likeness. The article concludes with a proposal for legislation aimed at modernising Pakistani law to effectively address the growing legal and ethical challenges of synthetic media, deepfakes, and digital replicas by extending intellectual property rights to digital identity. The study is limited to intellectual property perspectives and does not examine criminal liability or legal implications of deepfakes, which remain areas for future research.