Congress Explores AI and Copyright Law; The Federalist Society, April 16, 2024

Lynn White, The Federalist Society; Congress Explores AI and Copyright Law

"Interest in artificial intelligence (AI) has surged in the 118th Congress. There have been several hearings on a range of topics related to AI, including how federal agencies are using it and general principles for regulating its use. The House Committee on Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, has held a series of hearings related to AI and Intellectual Property...

Members of the committee seemed interested in the content of the hearing and expressed appreciation for the bi-partisan approach used to explore the issue of AI and intellectual property. Chairman Issa noted that this hearing was just the first of many. He further stated that he believes that Congress will find some middle ground that respects existing copyright law but allows generative AI to continue to grow. Over the next few blog posts, we will summarize this series of hearings and highlight the issues the witnesses and members of Congress discussed."

New bill would force AI companies to reveal use of copyrighted art; The Guardian, April 9, 2024

Nick Robins-Early, The Guardian ; New bill would force AI companies to reveal use of copyrighted art

"A bill introduced in the US Congress on Tuesday intends to force artificial intelligence companies to reveal the copyrighted material they use to make their generative AI models. The legislation adds to a growing number of attempts from lawmakers, news outlets and artists to establish how AI firms use creative works like songs, visual art, books and movies to train their software–and whether those companies are illegally building their tools off copyrighted content.

The California Democratic congressman Adam Schiff introduced the bill, the Generative AI Copyright Disclosure Act, which would require that AI companies submit any copyrighted works in their training datasets to the Register of Copyrights before releasing new generative AI systems, which create text, images, music or video in response to users’ prompts. The bill would need companies to file such documents at least 30 days before publicly debuting their AI tools, or face a financial penalty. Such datasets encompass billions of lines of text and images or millions of hours of music and movies."

The fingerprints on a letter to Congress about AI; Politico, October 23, 2023

BRENDAN BORDELON, Politico; The fingerprints on a letter to Congress about AI

"The message in the open letter sent to Congress on Sept. 11 was clear: Don’t put new copyright regulations on artificial intelligence systems.

The letter’s signatories were real players, a broad coalition of think tanks, professors and civil-society groups with a stake in the growing debate about AI and copyright in Washington.

Undisclosed, however, were the fingerprints of Sy Damle, a tech-friendly Washington lawyer and former government official who works for top firms in the industry — including OpenAI, one of the top developers of cutting-edge AI models. Damle is currently representing OpenAI in ongoing copyright lawsuits...

The effort by an OpenAI lawyer to covertly sway Congress against new laws on AI and copyright comes in the midst of an escalating influence campaign — tied to OpenAI and other top AI firms — that critics fear is shifting Washington’s attention away from current AI harms and toward existential threats posed by future AI systems...

Many of the points made in the September letter echo those made recently by Damle in other venues, including an argument comparing the rise of AI to the invention of photography."

Film and music industries on edge: AI's growing influence stirs fear of job displacement, copyright issues; KATU2ABC, August 8, 2023

KONNER MCINTIRE and JANAE BOWENS , KATU2ABC; Film and music industries on edge: AI's growing influence stirs fear of job displacement, copyright issues

"Currently, the Orrin G. Hatch-Bob Goodlatte Music Modernization Act provides some protection to musicians. It was made law in 2018 and helps to ensure musicians are fairly compensated by publishers.

The law directly addresses piracy which has cost artists billions of dollars.

Five years later, Congressional leaders, including Rep. Darrell Issa, R-Calif.,who serves as the Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, are concerned the law will not protect musicians against AI.

“For Congress, we’re now looking at old challenges with new dangers, including the ever-present threat of piracy as well as artificial intelligence, which pose still unknown questions for intellectual property protection efforts even as they open doors to a new world of technological capability that is, at present, limitless,” the congressman recently wrote in an op-ed.“If we don’t get AI right, it could very well render not only the Music Modernization Act obsolete – but also the policy choices we make next.”"

Five Takeaways From the U.S. Senate Subcommittee on Intellectual Property’s AI and Copyright Hearing; JD Supra, July 21, 2023

Nathaniel Bach, Monica Kulkarni, Manatt, Phelps & Phillips, LLP , JD Supra; Five Takeaways From the U.S. Senate Subcommittee on Intellectual Property’s AI and Copyright Hearing

"On July 12, 2023, the U.S. Senate Committee on the Judiciary’s Subcommittee on Intellectual Property held its second hearing on artificial intelligence (AI) and intellectual property (IP). The first hearing, held on June 7, 2023, focused on AI’s implications for patent law, while this second hearing centered on copyright issues. Hearing participants, both senators and witnesses, seemed to recognize that the industry needs to strike a balance between promoting AI innovation and protecting creators’ rights, particularly in the context of training generative AI models using data gathered from the Internet. While opinions on the means to achieve that end certainly differed across witnesses—who ranged from the head of public policy at Stability AI to a concept artist—the general consensus was that more clarity on the federal level regarding how to protect creators’ rights would be beneficial to stakeholders across the board...

Accordingly, the senators focused their questioning on mainly five topics, providing a glimpse of what potential federal legislation could look like:..."

Music & Tech Executives Testify on Artificial Intelligence & Copyright; C-Span, July 12, 2023

C-Span; Music & Tech Executives Testify on Artificial Intelligence & Copyright

"Music industry and tech company executives as well as a visual artist and a law professor testified on artificial intelligence (AI) and its impact on copyright and intellectual property before a Senate Judiciary subcommittee. Topics included publicity and fair use of content, an opt-out process for creators, notating content that has been created using AI, deep fake technology, and ways that Congress can help protect intellectual property."

Does Section 230 cover artificial intelligence? Experts are not sure; ABC7, July 11, 2023

 GRAYCE MCCORMICK , ABC7; Does Section 230 cover artificial intelligence? Experts are not sure

"Burk said the decision over whether Section 230 covers generative AI boils down to whether the product is an informational product or a product with manufacturer liability...

It’s hard for us to imagine what social media would be like today without the protection of Section 230, or if it would have even been possible to develop without the risk of lawsuits.

On the other hand, there could be benefits to dictating how it’s developed, considering certain social media platforms’ documented harms.

“If you can identify discrete problems and you have an idea of the outcome that you would like to have or the outcomes you’re worried about, you can actually shape the development of technology into a socially desirable path,” Burk said. He cited products like automobiles and pharmaceuticals, which are now manufactured to be as safe as possible."

Three things to know about how the US Congress might regulate AI; MIT Technology Review, July 3, 2023

 Tate Ryan-Mosley, MIT Technology Review ; Three things to know about how the US Congress might regulate AI

"Here are three key themes in all this chatter that you should know to help you understand where US AI legislation could be going."

Senate aims to navigate conflict between copyright and training AI; Washington Examiner, June 7, 2023

Christopher Hutton, Washington Examiner ; Senate aims to navigate conflict between copyright and training AI

"The Senate is set this week to begin addressing the tension between using images and data to train artificial intelligence and existing copyright law...

The Senate Judiciary Committee is scheduled on Wednesday to host the first of several hearings on AI and intellectual property. This one will deal with "Patents, Innovation, and Competition." The hearing will feature professors from the University of California, Los Angeles and Laura Sheridan, Google's head of patent policy."

Hawley to introduce legislation targeting Disney copyright protections; Washington Examiner, May 2, 2022

 Zachary Halaschak, Washington Examiner ; Hawley to introduce legislation targeting Disney copyright protections

"The copyright on Disney’s classic Steamboat Willie Mickey Mouse, the first iteration of the character, is set to expire at the end of 2023, and Rep. Jim Banks (R-IN) recently wrote to Disney CEO Bob Chapek telling him that he and some other GOP lawmakers oppose “further extensions applicable” to the company’s copyrights. Banks argued those should become public domain. 

Republicans in both Florida and Washington, D.C., have been upset about Disney’s public lobbying against the Florida legislation, which is called the Parental Rights in Education bill but has been branded the “Don't Say Gay” bill by critics. The legislation bans classroom instruction of sexual orientation and gender identity through the third grade. 

Disney has successfully lobbied for copyright extensions in the past. Disney pushed for the Copyright Act of 1976 and then worked to get the Copyright Term Extension Act of 1998 signed into law. Detractors of the latter bill had branded it the “Mickey Mouse Protection Act.”...

Rep. Lauren Boebert (R-CO) also recently tweeted, “Next year, the woke Disney lobbyists will ask Congress to extend Micky Mouse’s trademark. I think not.”"

U.S. Copyright Office: DMCA Is “Tilted Askew,” Recommends Remedies for Rightsholders; JDSupra, August 7, 2020

Aylin Kuzucan, Fenwick & West LLP, JDSupra; U.S. Copyright Office: DMCA Is “Tilted Askew,” Recommends Remedies for Rightsholders

"On May 21, 2020, the U.S. Copyright Office released its first full report—based on 92,000 written comments, five roundtables and decades of case law—on the Digital Millennium Copyright Act (17 U.S.C. § 512). The analysis was intended to determine whether the DMCA’s safe harbor provisions effectively balanced the needs of online service providers and rightsholders. The Copyright Office concluded that the balance is “tilted askew,” with largely ineffective copyright infringement protections for rightsholders...

Going forward, the Copyright Office plans to post a new website—copyright.gov/DMCA—with several educational and practical elements, including model takedown notices and counter-notices. In addition, the U.S. Senate Judiciary Committee’s Subcommittee on Intellectual Property plans to draft changes to the DMCA by the end of 2020. Any changes made will be critical for the copyright community to monitor closely."

CCC Salutes and Celebrates the US Copyright Office’s 150th Anniversary; Copyright Clearance Center, August 5, 2020

Copyright Clearance Center;

CCC Salutes and Celebrates the US Copyright Office’s 150th Anniversary

"CCC salutes and celebrates the historic milestone passed recently by the US Copyright Office: its 150th year of continuous operation...

In 1906, Mark Twain addressed Congress, appearing in his famous white suit for the first time, in pursuit of additional copyright protection for authors (which did not actually occur until 1976): 

“I am interested particularly and especially in the part of the bill which concerns my trade. I like that extension of copyright life to the author’s life and fifty years afterward. I think that would satisfy any reasonable author, because it would take care of his children. Let the grand-children take care of themselves. That would take care of my daughters, and after that I am not particular. I shall then have long been out of this struggle, independent of it, indifferent to it.”"
 

Targeting intellectual theft; Pittsburgh Post-Gazette, July 11, 2020

The Editorial Board;

Targeting intellectual theft

A new bipartisan bill will help the U.S. clamp down on the theft of American innovations

"Many American innovations and technological advancements originate with the work of academics and researchers at U.S. colleges and universities. This, unfortunately, has made those university-backed research projects a target for foreign operatives seeking to steal American intellectual property in recent decades."

[Video] Is the DMCA's Notice-and-Takedown System Working in the 21st Century?; June 2, 2020, Subcommittee Hearing, Committee on the Judiciary

[Video] Subcommittee Hearing, Committee on the Judiciary; Is the DMCA's Notice-and-Takedown System Working in the 21st Century?

Senators introduce Protecting American Intellectual Property Act; IT Pro, June 12, 2020

Sarah Brennan,

IT Pro

; Senators introduce Protecting American Intellectual Property Act

"U.S. Senators Chris Van Hollen (D-MD) and Ben Sasse (R-NE) proposed bipartisan legislation mandating strong economic penalties on firms and individuals involved in stealing American intellectual property. In an interview with Reuters, Van Hollen said the Protecting American Intellectual Property Act is a “direct approach” to battling China’s use of illicit methods for obtaining technological advances made in the U.S."

The Copyright Lawsuit in Tiger King Is an Outrage; Slate, May 7, 2020

Joshua Lamel, Slate; The Copyright Lawsuit in Tiger King Is an Outrage

"Copyright is the perfect vehicle for SLAPP suits. First of all, copyright is a government-granted, exclusive right to speech. There is no better way to prevent someone from publicly criticizing you than to use copyright law. Copyright lawsuits are expensive and place enormous costs on defendants. Fair use has to be raised once you are sued, so defendants will likely have to spend more. The potential damages are extreme: For every violation of a copyright, you can get $150,000 in statutory damages. Additionally, copyright law has injunctive relief—you can actually stop the speech from happening.

One would think that Congress would recognize this and specifically include copyright in federal anti-SLAPP efforts. But that is not happening anytime soon. Instead, thanks to their lobbying and fundraising, copyright holders have been successful in convincing senior members of Congress in both parties to exclude copyright. These members have told federal anti-SLAPP advocates that they need to be willing to give up copyright for a chance of being successful. There is not a single good policy argument to exclude copyright. Copyright litigation abuse is exactly what anti-SLAPP legislation should be designed to prevent. This type of abuse is the reason we need a federal fix.

In my dream world, the saturation of Joe Exotic’s story will help everyday Americans understand the relevance of copyright law in our daily lives—maybe even spur federal lawmakers to introduce and pass anti-SLAPP law without a special carve-out for copyright."

Copyright could be the next way for Congress to take on Big Tech; The Verge, February 13, 2020

Adi Robertson, The Verge; Copyright could be the next way for Congress to take on Big Tech

"By the end of the year, Tillis — who chairs the Senate’s intellectual property subcommittee — plans to draft changes to the DMCA. He and co-chair Sen. Chris Coons (D-DE) kicked off the process this week with an introductory hearing, speaking to eight legal experts and former congressional staffers. The hearing helped set the stage to re-fight some long-running battles over the balance between protecting copyrighted content and keeping the internet open — but at a time where internet companies are already facing a large-scale backlash.

The 1998 DMCA attempted to outline how copyright should work on the then-nascent internet, where you could almost freely and infinitely copy a piece of media. But it’s been widely criticized by people with very different stances on intellectual property."

Acting U.S. Copyright Register Maria Strong: All Eyes on Modernization; IP Watchdog, February 10, 2020

Michelle Sara King, IP Watchdog; Acting U.S. Copyright Register Maria Strong: All Eyes on Modernization

"With IP champions in Congress turning their attention away from patent reform and toward copyright this year, IPWatchdog took the opportunity to interview Acting U.S. Register of Copyrights Maria Strong shortly after she assumed her new role."

Disney lobbies Congress to change copyright laws; The Highlander, University of California Riverside, February 12, 2019

Robert Gold, University of California Riverside; Disney lobbies Congress to change copyright laws

"Copyright law is a tedious topic but it affects people in their daily lives."

Tell the Senate Not to Put the Register of Copyrights in the Hands of the President; Electronic Frontier Foundation (EFF), December 3, 2018

Katharine Trendacosta, Electronic Frontier Foundation (EFF); Tell the Senate Not to Put the Register of Copyrights in the Hands of the President

"Update 12/03/2018: The December 4 hearing has been postponed, but it could be rescheduled. Keep telling the Senate to vote "no."

With just a week left for this Congress, one of the weirdest bad copyright bills is back on the calendar. The “Register of Copyrights Selection and Accountability Act” would make the Register of Copyrights a presidential appointee, politicizing a role that should not be made a presidential pawn.

On Tuesday, December 4, the Senate Committee on Rules and Administration is scheduled to vote on S. 1010, the Senate version of the “Register of Copyrights Selection and Accountability Act” already passed by the House of Representatives as H.R. 1695. If it passes out of the committee, the whole Senate will be able to vote on it with only days left in the 2018 session."