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US Copyright Office issues pre-publication version of 3rd Report on AI Training and Fair Use. AI training is transformative, but degree depends on how AI functions. Supports new market dilution theory of harm under Factor 4.
Read more: US Copyright Office issues pre-publication version of 3rd Report on AI Training and Fair Use. AI training is transformative, but degree depends on how AI functions. Supports new market dilution theory of harm under Factor 4.On late Friday, the U.S. Copyright Office issued its long-awaited report on AI training and fair use. It’s labeled “Pre-publication Version,” though it says no substantive changes will be made. UPDATE on May 8: President Trump reportedly fired Shira Perlmutter, the Register of Copyrights, which now raises a cloud of uncertainty over whether this report…
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U.S. Copyright Office says it needs more time to complete AI copyright reports
Read more: U.S. Copyright Office says it needs more time to complete AI copyright reportsThe Register of Copyrights and Director, U.S. Copyright Office, Shira Perlmutter replied to an inquiry from Representatives Bryan Steil and Joseph D. Morelles of the Committee on House Administration regarding when the USCO will issue its other reports from its AI study. In a letter dated Feb. 23, 2024, the USCO had said earlier it…
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Comparison of NO FAKES bill & U.S. Copyright Office recommendation to protect digital replica
Read more: Comparison of NO FAKES bill & U.S. Copyright Office recommendation to protect digital replicaWe compared the provisions of the NO FAKES bill proposed in the Senate and the U.S. Copyright Office’s report on digital replicas recommending the enactment of federal legislation to address deepfakes. Both proposals would recognize an exclusive right in digital replicas that depict an identifiable person’s likeness or voice. The NO FAKES bill is described…
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Copyright Office recommends Federal Digital Replica Law, Part I of AI Report
Read more: Copyright Office recommends Federal Digital Replica Law, Part I of AI ReportThe Copyright Office just released Part I of its report on AI. In it, the Office recommends that Congress pass new protection against the knowing distribution of unauthorized digital replicas. “I am pleased to begin sharing the results of our comprehensive study of AI and copyright, with this first set of recommendations to Congress. It…
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The Copyright Office’s AI Guidance likely violated Administrative Procedure Act by failing to hold notice & comment period
Read more: The Copyright Office’s AI Guidance likely violated Administrative Procedure Act by failing to hold notice & comment periodThe 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…
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Copyright Office denies copyright to AI stylized work based on photograph by Anki Sahni
Read more: Copyright Office denies copyright to AI stylized work based on photograph by Anki SahniOn Dec. 11, 2024, the U.S. Copyright Office published its decision denying the copyright ability, for lack of human authorship, a work titled Suryast that Anki Sahni stylized using the RAGHAV Artificial Intelligence Painting App. The rejection of copyright follows the Office’s rejections of copyright to AI prompt-engineered visual works by Jason Allen and Kristina…
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Comment of Professor Edward Lee to Artificial Intelligence Study by The United States Copyright Office
Read more: Comment of Professor Edward Lee to Artificial Intelligence Study by The United States Copyright OfficeComment of Prof. Edward Lee to U.S. Copyright Office regarding the copyrightability of AI generated works. Download the Comment here. Abstract This Comment was submitted to the Copyright Office in its study of artificial intelligence to answer the questions related to the copyrightability of AI generated works. The Copyright Office should return to the first…
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The Copyright Office’s approach to AI is wrong. Here’s why.
Read more: The Copyright Office’s approach to AI is wrong. Here’s why.At long last, I have posted a preprint draft of my article Prompting Progress: Authorship in the Age of AI, 76 Fla. L. Rev. (forthcoming 2024). You can download it from SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4609687 The Article explains why the Copyright Office’s recent guidance and position denying the copyrightability of AI generated works is wrong. It follows…
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Copyright Office denies Jason Allen was author of Theatre D’Opera image, prompt engineered on Midjourney (PDF download)
Read more: Copyright Office denies Jason Allen was author of Theatre D’Opera image, prompt engineered on Midjourney (PDF download)The U.S. Copyright published a second decision rejecting the registration of an image prompt-engineered on Midjourney. The first decision involved Kristina Kashtanova’s images in her graphic novel Zarya of the Dawn; the Office ruled that the images lacked human authorship or the “traditional elements of authorship,” despite Kashtanova’s development, through hundreds of prompts, of a…