This paper examines the legal frameworks governing digital replicas in the United States and Japan, with a focus on recent legislative developments and case law. It analyzes New York’s 2020 and California’s 2024 amendments restricting the use of digital replicas, as well as proposed federal legislation such as the NO FAKES Act. While U.S. jurisdictions have enacted explicit statutory protections, Japan relies on judicial interpretation of personality rights, including portrait and publicity rights established by Supreme Court decisions in 2005 and 2012. The study highlights key differences: U.S. laws explicitly address post-mortem rights, whereas Japanese personality rights are generally considered non-transferable and non-inheritable. Japan’s potential legislative response, particularly through unfair competition law reform, aligns with scholarly perspectives linking the right of publicity to trademark law. The paper concludes that Japan would requires legislative intervention to regulate digital replicas, particularly regarding post-mortem rights and licensee standing. Any comprehensive framework must balance protection with free speech considerations by incorporating explicit exemptions for news, criticism, parody, and biographical works, as well as case-specific defenses.