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AI Mimicking Identity: Should Canadian Copyright Law Protect Personality Rights

January 26, 2026 | Hannah Jones, Faculty of Law, University of Western Ontario, JD Candidate- Class of 2027

As AI continues to advance, concerns about the protection of personality rights, including the image and voice of individuals, have become increasingly urgent. Modern AI systems are now capable of producing outputs which closely mimic the personal characteristics of real people. While these technological developments are impressive, they are also highly alarming, especially given the limited ability of existing legal frameworks to offer adequate protection. AI systems rely on a significant amount of training data to function effectively, which raises critical questions about where this data is coming from and whether individual rights are being respected in its collection and use. Without clear legal boundaries, the use of personal characteristics in both AI training and AI-generated outputs risks diminishing individual autonomy over one’s identity.

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