Independent creation and originality in the age of imitated reality: A comparative analysis of copyright and database protection for digital models of real people

In an age when animators deal with pixels as well as paint brushes, the laws of the United States potentially offer digital artists less protection than do the laws of other countries. This article examines some examples of recent advancements in digital imaging technology; specifically, the ability to create digital clones of preexisting things, such as living or deceased personalities and other, non-human, objects. The article then provides a comparative analysis of copyright’s requirement of originality in the United States, United Kingdom, and Australia, followed by a brief look at sui generis protection in the European Union.