Authored by Tim O’Keeffe, Esq and Matthew Ersek
Today, the U.S. Copyright Office launches a new initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated using AI tools and the use of copyrighted materials in AI training.
This initiative is in direct response to the recent striking advances in generative AI technologies and their rapidly growing use by individuals and businesses. The Copyright Office has received requests from Congress and members of the public, including creators and AI users, to examine the issues raised for copyright, and it is already receiving applications for registration of works including AI-generated content.
To address the copyrightability and registration issues raised by these works, the Office is issuing new registration guidance. The guidance makes clear that applicants have a duty to disclose the inclusion of AI-generated content in works submitted for registration. It outlines how to do so, how to update pending applications, and how to correct the public record on copyright claims that have already been registered without the required disclosure.
Throughout the spring, the Office will host public listening sessions with artists, creative industries, AI developers and researchers, and lawyers working on these issues. These roundtable-format listening sessions will provide an opportunity for participants to discuss their goals and concerns related to the use and impact of generative AI in creative fields.
Later this year, the Office plans to publish a notice of inquiry soliciting public comments on a wide range of copyright issues arising from the use of AI.
Interested parties can register for the public listening sessions using the links below:
- Literary Works on Wednesday, April 19, from 1:00 p.m. to 4:00 p.m. eastern time
- Visual Works on Tuesday, May 2, from 1:00 p.m. to 4:00 p.m. eastern time
- Audiovisual Works on Wednesday, May 17, from 1:00 p.m. to 4:00 p.m. eastern time
- Music and Sound Recordings on Wednesday, May 31, from 1:00 p.m. to 4:00 p.m. eastern time
The Office may not be able to accommodate all requests to participate in the listening sessions but will provide other opportunities for interested parties to share their views on AI policy with the Office.
Following the listening sessions, the Office will continue engaging with the public through informational webinars during the summer.
In support of this initiative, the Office has also launched a new webpage for announcements, events, and resources related to AI and copyright at copyright.gov/ai. The Office welcomes public input and feedback and encourages you to visit the webpage and contribute views and information.