Tom Temin, Federal News Network; The Copyright Office takes on the sticky issue of artificial intelligence
"Artificial intelligence raises storms of questions in every domain it touches. Chief among them, copyright questions. Now the U.S. Copyright Office, a congressional agency, has completed the second of two studies of AI and copyrights. This one deals with whether you can copyright outputs created using AI. Emily Chapuis, the Copyright Office’s deputy general counsel, joined the Federal Drive with Tom Temin to discuss...
Emily Chapuis: Yeah. That’s right. So we don’t recommend in the report that Congress take any action. And the reason for this is we think that copyright law is sufficiently flexible to deal with changes in technology. And that’s not just based on AI, but on the entire history of copyright law, has had to deal with these questions, whether it’s the development of the camera or the internet. The questions about copyright ability are always on a case-by-case basis. And the technology that’s used and how it’s used and what it’s used for are important elements of that. But the sort of defining legal principles aren’t different in this context than in those other ones.
Tom Temin: Right. So the human input idea then is kind of an eternal for copyright. How do you decide that? Is it a percentage of human input? Because the machine does a lot here. But you could say, ‘Well, the camera did a lot when it opened and closed the shutter and exposed silver halide. And then there was a machine process to produce that image. But it was the selection, the timing, the decisive moment.’ To quote Henri Cartier-Bresson, another French photographer. That’s really the issue here. The human input and not the machine input.
Emily Chapuis: Yeah, that’s right. And it’s hard to parse. I mean, we’ve had people ask, so what’s the percentage that has to be human created? And there’s not a clear answer to that, again, because it’s case by case. But also the question isn’t really amount as much as it is control. So who’s controlling the expression. And so one of the things that we try to explain is that even the same technology can be used in a variety of different ways. So you can use generative AI technology as a tool assistive to enhance the human expression or you can use it as a substitute for human expression. And so control is sort of the bottom line in terms of what we’re looking at to draw that distinction."
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