The US Copyright Office is seeking public input on the copyrightability of AI-generated works. This initiative comes as AI technology has gained significant attention and recognition in recent years. The US Copyright Office aims to gather feedback from various stakeholders to inform any potential changes or clarifications regarding what can be copyrighted in the realm of AI-generated content.
The Copyright Office’s AI Initiative, launched in early 2023, has already included public listening sessions, educational webinars, and engagement with stakeholders. In addition, the office has published a registration guidance statement emphasizing that copyright protection in the United States requires human authorship. The office has also recently made decisions refusing to register AI-generated artworks and parts of a graphic novel created using generative AI systems.
Interested stakeholders now have the opportunity to contribute their perspectives on several key areas. The Copyright Office seeks input on topics such as the training of AI systems, transparency and recordkeeping requirements, copyrightability, infringement, and the labeling or identification of AI-generated portions within works. The office has provided a detailed list of questions that stakeholders can address.
One significant aspect of this initiative is how the Copyright Office frames the question of copyrightability in relation to AI-generated content. While the law currently specifies that copyright protection in the United States is limited to works of human authorship, the office questions whether there are circumstances in which a human’s use of a generative AI system could exhibit enough control over the technology to result in output that is considered human-authored. The office asks multiple questions in the Notice regarding the nature of the materials used to train AI systems and the implications of the fair use doctrine in this context.
The Notice also acknowledges the complexities surrounding the use of copyrighted material to train AI models. The Copyright Office raises questions about whether the consent of copyright owners is required for their works to be used in AI training, and whether an opt-out process or collective licensing scheme is feasible and desirable. While these issues may be subject to future court proceedings, any guidance offered by the Copyright Office on this topic will be of great interest.
Finally, the Notice includes a Glossary of Key Terms section that defines various AI-related terms. As these terms may not yet have universally accepted meanings, the Copyright Office’s definitions may become influential in future court cases. However, it is expected that these definitions will evolve based on the comments received and developments in technology.
Those interested in contributing to this discussion can submit written comments by October 18, 2023. The progress of this initiative will be closely monitored as it may bring about clearer guidelines on copyrightability in relation to AI-generated works. While human authorship will likely remain vital for copyright protection, the particular form of human involvement in AI-generated content may differ from traditional art forms. This process will hopefully enable creators to understand how to utilize AI technology while still ensuring their eligibility for copyright protection.
By soliciting public input on the legal, technical, and policy issues surrounding AI systems, the US Copyright Office aims to fulfill its role of advising Congress and serving as a valuable resource for copyright law matters. Stakeholders have the opportunity to shape the evolving landscape of AI copyright through this comment period.
