The Code Red for Copyright Law is now out. This short essay explains why the Copyright Office’s AI Guidance is wrong.
1. It likely violated the Administrative Procedure Act (APA) by imposing a new substantive rule of “traditional elements of authorship” without notice and comment.
2. It is contrary to the Progress Clause’s approach to “Authors,” and the original public meaning of the Progress Clause.
And it restricts “Authors” to supposed “traditional elements” that “Inventors” in the same Progress Clause do not face. Nothing in the original public meaning of “Progress” supports such an anomalous restriction.
This short essay, to be published in April by the Florida Law Review Forum, is a preview of my full length law review article, forthcoming this Fall.
Download the essay on SSRN
