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  • Writer's pictureDavid Baker

Sound off on the future of AI – The Copyright Office wants to hear from YOU!

Let it know what you think about AI model training, artist permission and compensation, infringement liability, and likeness or imitation of real people now, while you still can

What's Happening?

The U.S. Copyright Office has issued a "Notice of Inquiry and Request for Comment" in the Federal Register, inviting the public to provide input on various issues surrounding generative AI and copyright law. This is crucial because generative AI, which creates text, images, videos, and audio, has raised complex questions about creative rights, content creation, and copyright. The deadline for written comments is October 18, 2023, with written replies due by November 15, 2023.

The Key Questions

The Copyright Office is focusing on four main areas:

  1. Use of Copyrighted Works in AI Training. Should copyright owners be compensated or granted permission when their works are used to train AI? What notification obligations, if any, should be imposed on AI developers?

  2. Copyright Protection for AI-Generated Content. How do we distinguish between human-created and AI-generated content for copyright purposes? When should a human using AI be considered the author, and does the U.S. Constitution's Copyright Clause cover AI-generated materials?

  3. Liability for Infringement with AI Systems. Is the existing substantial similarity test suitable for AI-generated content? How can copyright owners prove copying when AI developers may not keep training records? What about the rights of preexisting copyrighted works?

  4. Treatment of AI Outputs Mimicking Human Creators. Should there be protections against AI mimicking human creators? How do legal rights apply to AI-generated content featuring someone's name or likeness? Should a federal right of publicity apply to AI-generated materials?

These questions are just the tip of the iceberg, and the full list can be found in the official Notice. Respondents are encouraged to address the questions most relevant to them, providing factual, legal, or policy-based reasoning for their responses.

How Can You Participate?

The Copyright Office is actively seeking public input, and your voice matters. When responding, make it clear which questions you are addressing and specify if you're responding as an individual or on behalf of an organization. All responses should be submitted electronically through the system.

This inquiry is an opportunity to shape the future of copyright law in the age of AI, so don't miss your chance to have your say. Your insights can help guide Congress in making informed decisions about copyright and generative AI. Stay tuned for further updates as we closely follow this important development in copyright law.

Why It Matters.

The Copyright Office cares what you think.

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