Back in 2023: Comment from Center for Art Law

January 10, 2024

Nobody and nothing knows what’s expecting us in 2024, not even AI. Last year, when the Copyright Office asked for comments on how and if to regulate AI, the Center for Art Law submitted a comment that starts as following…

“This is a submission from the Center for Art Law in response to the Request for Comments on Artificial Intelligence (AI) and Copyright from the United States Copyright Office. The Center’s response addresses the copyright issues raised by generative AI, namely issues “involved in the use of copyrighted works to train AI models, the appropriate levels of transparency and disclosure with respect to the use of copyrighted works, and the legal status of AI-generated outputs.”

This submission presents the following:

1. When using copyrighted works to train AI models, the output matters;
2. Businesses must be required to disclose when copyrighted works are used to generate AI content;
3. The U.S. Copyright Office’s “human authorship” approach is the right approach for determining the legal status of AI-generated outputs; and
4. Any rule or law around AI and copyright must account for artists’ perspectives, including protecting artists while allowing collaboration with AI tools.”

Our submission is one of more than 10,000 submissions. While the Copyright Office is processing the submissions and putting together “a study of the copyright law and policy issues raised by artificial intelligence (“AI”) systems,” we await their wisdom, this is a quick and friendly reminder to use technology responsibly.

Our Comment in full can be found HERE. Authors: Atreya Mathur, Patrick Lin and Irina Tarsis