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Digital Replicas and Copyright Threats – International and Polish Perspective

Publication date: October 15, 2024

Legal basis

  • Copyright and Related Rights Act 1994
  • Regulation 2016/679 (GDPR)
  • Directive 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

The intersection of copyright and AI is a rapidly evolving area with significant implications for creators and consumers alike. With a digital twin, you can simulate the behavior of real-world objects under different conditions, allowing you to better understand how they function and optimize their performance. As digital twin technology evolves and is used across industries, it becomes increasingly important to analyze the legal landscape surrounding its use. It’s essential to find a balance that promotes innovation while protecting individual rights and creative integrity.

Digital twin refers to a digital replica of physical objects, processes and systems. The digital twin model is a combination of a physical object and its digital representation in virtual space, realized thanks to the possibility of real-time data processing and constant updating of the state of objects and processes.[1]

Analysis

One of the main legal challenges for digital twins is determining who owns the representation and what intellectual property (IP) rights apply. Digital twins often rely on data from physical objects, which may be protected by patents, copyrights, or trade secrets.

If the digital twin is for a product or system designed by a third party, it is crucial to determine whether the creator of the physical object retains rights to the digital replica. For example, the original designer may claim ownership of the twin if it includes design data or intellectual property.

Digital Twin and International Law

The European Union plays a key role in regulating copyright at international level, especially in the context of the digital economy. The DSM Directive introduces rules on the digital use of works, including issues related to copying and sharing digital replicas of works.

One of the main issues related to digital replicas in international law is the issue of intellectual property rights. Digital replicas can include advanced models, data and software that are protected by various legal regimes, such as patents, copyrights or trade secrets.

In digital replicas, software that simulates or analyzes data in real time often plays a key role. International software copyright laws vary widely, leading to disputes over who owns the rights to replicas created based on protected algorithms. Software can be protected by different forms of IP in different jurisdictions, making it difficult to establish a uniform approach internationally.

  • Data protection and security

Digital twins rely heavily on the collection and integration of real-time data, often from sensors and connected devices. This raises significant concerns about data privacy and security, especially when sensitive or personal data is involved.

In regions with strict data protection laws, such as the European Union under the General Data Protection Regulation (GDPR), organizations must ensure that any personal data collected by digital twins complies with legal requirements. This includes obtaining appropriate consent, minimizing the data collected, and securing it from unauthorized access.

To comply with data protection regulations, organizations may be required to anonymize or pseudonymize data collected from digital twins. Questions arise about the level of detail that can be included in a digital twin without violating data protection regulations, especially when digital twins involve interactions with humans, such as in healthcare or smart cities.

Because digital twins operate in real time and rely on interconnected systems, they are vulnerable to cyberattacks. Responsibility for protecting digital twins from data breaches or system disruptions must be clearly defined. In cases where a breach leads to financial or operational losses, the liability of system operators, software developers, and hardware vendors will need to be clearly established.

Polish law

In Poland, copyright is regulated by the Copyright and Related Rights Act of 1994, which is largely based on international regulations, including WIPO conventions and EU directives. According to Polish law, copyright protection is available to creators of literary, musical, audiovisual and plastic works, which also includes works of art and architecture.

Digital replicas in Poland are protected under the same principles as other creative works, provided they meet the criterion of originality. This means that a digital replica that is a faithful reproduction of an existing work will not necessarily be considered a new work protected by copyright. However, if the creator of a digital replica introduces elements of their own creation into it – e.g. an interpretation of the original – such a replica may be considered a new derivative work.

Examples of benefits of using digital replicas

By collecting real-time data from physical objects, digital twins allow for precise monitoring of the operation of machines, systems or entire production plants. Based on the collected information, processes can be optimized, increasing their efficiency, performance and minimizing downtime.

Digital twins enable the creation of simulations of various scenarios without having to interfere with the real object. This allows companies to test new solutions, design changes or operational strategies, minimizing the risk of failure.

Precise monitoring and failure prediction can reduce equipment maintenance costs. Digital twins can predict when system components need servicing, reducing the risk of unexpected failures and costly repairs.

Digital twins can accelerate new product development by enabling prototypes to be tested in a virtual environment. Companies can innovate faster by reducing the time and costs associated with physical prototyping.

The digital twin also enables remote control of devices such as vehicles operating over long distances in complex environments. Using a virtually generated 3D environment based on data from the digital twin, users can obtain an optimal view of a remote location and control a truck located on the premises. In logistics, such technology can serve as a fallback solution when using autonomous vehicles. The same technology can also be used to train both humans and AI algorithms. Especially extreme situations can be easily learned by AI without risk to humans.[2]

Potential Dangers of Digital Replicas

The development of digital replicas also creates a number of threats, both at the level of copyright protection and in a commercial context. The main threats are:

  • Copyright infringement – creating digital copies of works of art or objects without the consent of their creators or rights holders can lead to serious legal consequences. In particular, this applies to works that are still protected by copyright, which in Poland extends to 70 years after the death of the author.
  • The question of authenticity – digital replicas can blur the line between original and copy. In the age of advanced digital technologies, such replicas can be almost identical to the original, which can mislead consumers, collectors and cultural institutions.
  • Data theft – The process of creating digital replicas uses advanced 3D scanning and modeling technologies that can be susceptible to data theft. If a digital replica is illegally shared online, its creators may lose control over its use.
  • Commercialization of cultural heritage – digital replicas of works of art and monuments can be used for commercial purposes, which can lead to abuse. In particular, works of art that are part of the national heritage can be inappropriately exploited by private companies, which raises questions about the ethics and legality of using such objects.

Summary

Digital replicas open up many opportunities for humanity, but at the same time pose numerous legal challenges. International law, although trying to keep up with technological progress, still does not offer comprehensive regulations regarding digital replicas. Personal data protection, copyright, civil and criminal liability are just some of the areas that require urgent solutions. To meet these challenges, it is necessary to develop new international regulations that will take into account the dynamic development of technology and the diversity of regulations at the national and regional level.


[1] https://przemyslprzyszlosci.gov.pl/tag/digital-twin/

[2] https://logistics-manager.pl/artykuly/cyfrowe-blizniaki-w-lancuchu-dostaw

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