Jurcys, Kozuka and Fenwick, ‘A Private Law Framework for Personal AI Replicas: A Comprehensive Analysis of Legal Issues’

ABSTRACT
This Article examines the emerging legal framework governing digital duplicates and personal AI replicas – AI systems designed to emulate the knowledge, personality, or communicative style of real individuals. As such technologies proliferate across education, commerce, entertainment, and healthcare, they challenge foundational doctrines of private law, including, inter alia, intellectual property, data protection, personality rights, contract, and liability. Existing legal regimes provide partial guidance but remain fragmented and conceptually underdeveloped in addressing AI systems that function as digital extensions of human identity. The Article argues that a robust framework for AI replicas must move beyond reactive doctrinal patchwork. It proposes an integrated, human-centric approach that combines private law analysis with data architecture principles, including individual data dominion and private-by-default design. Legal rules must be aligned with technical infrastructures to ensure meaningful consent, transparency, and accountability. Drawing on contemporary developments in information ethics and AI governance, the Article contends that digital replicas implicate not only economic interests but also dignity, autonomy, and moral agency.

Jurcys, Paul and Kozuka, Souichirou and Fenwick, Mark, A Private Law Framework for Personal AI Replicas: A Comprehensive Analysis of Legal Issues (March 31, 2026).

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