World IP Day: How the Copyright System Builds Our Common Future; Library of Congress Blogs: Copyright Creativity at Work, April 26, 2024

 Ashley Tucker, Library of Congress Blogs: Copyright Creativity at Work; World IP Day: How the Copyright System Builds Our Common Future

"The following is a guest blog post by Miriam Lord, Associate Register of Copyrights and Director of Public Information and Education. 

Each year on April 26, the U.S. Copyright Office joins intellectual property organizations around the world in celebrating World Intellectual Property Day. This year’s theme, set by the World Intellectual Property Organization (WIPO), is “IP and the Sustainable Development Goals: Building Our Common Future with Innovation and Creativity.” Established by the United Nations, the 17 Sustainable Development Goals (SDGs) serve as a “shared blueprint for peace and prosperity for people and the planet, now and into the future.”

The copyright system is a powerful mechanism for ensuring society’s wealth of culture and knowledge. The system also helps creators sustain themselves by granting them certain exclusive rights over their works. In the United States, this concept is so central that it is enshrined in our Constitution.

“Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

-United States Constitution, Article I, Section 8"

Meet Sarah Beth Morgan: An Animation Artist Drawn to Purpose; Library of Congress Blogs, March 28, 2024

Ashley Tucker , Library of Congress Blogs; Meet Sarah Beth Morgan: An Animation Artist Drawn to Purpose

"Morgan works in the animation field of “motion graphics,” where she brings graphic shapes, typography, and characters to life. She defines her creative style as “playful, quirky, and maybe even a little bit unexpected.” Her most recent animation, Between Lines, is a short film about “the scarring experience of schoolgirl bullying—and the recovery that follows.” The film has received several accolades, including the Audience Award for Animation at the Brooklyn Film Festival as well as Official Selection at Pictoplasma Berlin and the SCAD Savannah Film Festival...

Animation is an example of a motion picture, which is a type of work that can be registered with the U.S. Copyright Office. Motion Pictures are works that contain a series of related images that are intended to be shown with a projector, digital display, or other device. When the images are shown in successive order, they create an impression of movement that is perceptible to the eye. The Copyright Office offers resources on registering a motion picture and provides ways to help grow a creative business in Copyright Registration at a Glance.

Women creators are an essential part of the copyright system, and participating in it allows women artists to benefit economically from their creative works. In 2022, the Copyright Office released a report, Women in the Copyright System: An Analysis of Women Authors in Copyright Registrations from 1978 to 2020. It found that women creators are significantly underrepresented in registrations, especially compared to their participation in copyright-intensive industries, despite an overall positive trend over time...

Sarah Beth Morgan is one of many women who enhance our nation’s creative landscape. The Copyright Office aims to broaden public awareness of what copyright encompasses and how to participate in it. A cornerstone of the Office’s current strategic plan is the advancement of Copyright for All, and the Office is committed to making the copyright system as clear and accessible to as many members of the public as possible, particularly individuals, small businesses, and historically underserved populations."

Looking Forward: The U.S. Copyright Office’s AI Initiative in 2024; U.S. Copyright Office, March 26, 2024

Nora Scheland, U.S. Copyright Office ; Looking Forward: The U.S. Copyright Office’s AI Initiative in 2024

"More than one year ago, the U.S. Copyright Office launched a comprehensive initiative to examine the impact of generative Artificial Intelligence (AI) on copyright law and policy. This blog post highlights the next steps of this ongoing study and summarizes a recent update to Congress from Register of Copyrights Shira Perlmutter.

Over the coming months, the Office will issue a report, published in several sections, analyzing the impact of AI on copyright and making recommendations about any legislative or regulatory action. The first section will focus on digital replicas, or the use of AI to digitally replicate human artists’ appearances, voices, or other aspects of their identities. This section will be published later this spring.

The second section, to be published this summer, will address the copyrightability of works incorporating AI-generated material. Later sections will focus on the topic of training AI models on copyrighted works as well as any licensing considerations and liability issues. The Office’s goal is to finalize the entire report by the end of the fiscal year.

Separately, the Office will publish an update to the Compendium of U.S. Copyright Office Practices, the administrative manual for registration. The update, which will follow a public notice requesting comments, will include further guidance and examples relating to the registration of works containing AI-generated material.

Additionally, the Office has brought together a group of government and academic economists to discuss the economic aspects of the intersection of copyright and AI. Later this year, the Office will publish the group’s proposed research agenda.

New announcements, updates, and publications will be posted on the Copyright and Artificial Intelligence webpage throughout the rest of this fiscal year. Subscribe to the Office’s NewsNets to stay up to date on the Office’s AI initiative."

U.S. Copyright Office and USPTO Conclude Joint Study on Non-Fungible Tokens; U.S. Copyright Office, March 12, 2024

U.S. Copyright Office; U.S. Copyright Office and USPTO Conclude Joint Study on Non-Fungible Tokens

"Today, the U.S. Copyright Office and the U.S. Patent and Trademark Office (USPTO) (collectively the “Offices”) published the results of their joint study on the intellectual property (IP) law and policy implications of non-fungible tokens (NFTs). The Offices conducted the study in response to a June 2022 request from then-Chair of the Senate Committee on the Judiciary Subcommittee on Intellectual Property Patrick Leahy and Ranking Member Thom Tillis.

During the joint study, the Offices solicited public comments via a notice of inquiry, held three public roundtables, and examined existing literature and case law. 

In their report, the Offices acknowledged commenters’ views that NFTs may enable artists to secure remuneration for downstream resales of their works; aid trademark owners in expanding their brand appeal; and play a supportive role in the management, transfer, or licensing of IP rights. They also recognized concerns that buyers and sellers do not know what IP rights are implicated in the creation, marketing, and transfer of NFTs and that NFTs may be used to facilitate copyright or trademark infringement. The Offices concluded, however, that existing statutory enforcement mechanisms are currently sufficient to address infringement concerns related to NFT applications and that changes to IP laws, or to the Offices’ registration and recordation practices, are not necessary or advisable at this time. Rather, public education initiatives and product transparency play an important role in ensuring greater awareness and understanding about NFTs.

“We are pleased to share the results of our joint study with Congress, stakeholders, and the public,” said Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office. “The report reflects extensive input from a broad spectrum of commenters, including creators, brand owners, innovators, academics, and practitioners. We look forward to continuing to engage with stakeholders on emerging technologies and implications for IP rights.”

“NFTs offer unique opportunities for creators to leverage their IP rights but also present new challenges in keeping their work secure,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “At the USPTO, we continue to work side-by-side with industry and government collaborators such as the Copyright Office to better understand the IP implications of these evolving technologies through initiatives such as our Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership. We look forward to continuing these efforts and our ongoing work to ensure USPTO’s practices and U.S. policy evolve to address emerging technologies so that we best serve the needs of our nation’s creators and innovators.” 

The full study is available on the Copyright Office’s website and the USPTO’s website."

Public Symposium on AI and IP; United States Patent and Trademark Office (USPTO), Wednesday, March 27, 2024 10 AM - 3 PM PT/1 PM - 6 PM ET

United States Patent and Trademark Office (USPTO); Public Symposium on AI and IP

"The United States Patent and Trademark Office (USPTO) Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership will hold a public symposium on intellectual property (IP) and AI. The event will take place virtually and in-person at Loyola Law School, Loyola Marymount University, in Los Angeles, California, on March 27, from 10 a.m. to 3 p.m. PT. 

The symposium will facilitate the USPTO’s efforts to implement its obligations under the President’s Executive Order (E.O.) 14110 “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The event will include representation from the Copyright Office, build on previous AI/Emerging Technologies (ET) partnership events, and feature panel discussions by experts in the field of patent, trademark, and copyright law that focus on:

1. A comparison of copyright and patent law approaches to the type and level of human contribution needed to satisfy authorship and inventorship requirements;
2. Ongoing copyright litigation involving generative AI; and 
3. A discussion of laws and policy considerations surrounding name, image, and likeness (NIL) issues, including the intersection of NIL and generative AI.

This event is free and open to the public, but in-person attendance is limited, so register early"

The Sleepy Copyright Office in the Middle of a High-Stakes Clash Over A.I.; The New York Times, January 25, 2024

 Cecilia Kang, The New York Times; The Sleepy Copyright Office in the Middle of a High-Stakes Clash Over A.I.

"For decades, the Copyright Office has been a small and sleepy office within the Library of Congress. Each year, the agency’s 450 employees register roughly half a million copyrights, the ownership rights for creative works, based on a two-centuries-old law.

In recent months, however, the office has suddenly found itself in the spotlight. Lobbyists for Microsoft, Google, and the music and news industries have asked to meet with Shira Perlmutter, the register of copyrights, and her staff. Thousands of artists, musicians and tech executives have written to the agency, and hundreds have asked to speak at listening sessions hosted by the office.

The attention stems from a first-of-its-kind review of copyright law that the Copyright Office is conducting in the age of artificial intelligence. The technology — which feeds off creative content — has upended traditional norms around copyright, which gives owners of books, movies and music the exclusive ability to distribute and copy their works.

The agency plans to put out three reports this year revealing its position on copyright law in relation to A.I. The reports are set to be hugely consequential, weighing heavily in courts as well as with lawmakers and regulators."

Computer scientist makes case for AI-generated copyrights in US appeal; Reuters, January 23, 2024

 Blake Brittain, Reuters; Computer scientist makes case for AI-generated copyrights in US appeal

"Creative works generated entirely by artificial intelligence should be eligible for copyright protection, computer scientist Stephen Thaler told a federal appeals court in Washington this week...

A separate U.S. appeals court rejected Thaler's bid for patents covering AI-generated inventions, in a decision that the U.S. Supreme Court declined to review last year. The UK Supreme Court ruled against Thaler in a similar case in December.

Thaler has several related cases still pending in other countries."

Lifecycle of Copyright: 1928 Works in the Public Domain; Library of Congress Blogs: Copyright Creativity at Work, January 8, 2024

Alison Hall , Library of Congress Blogs: Copyright Creativity at Work; Lifecycle of Copyright: 1928 Works in the Public Domain

"This blog also includes contributions from Jessica Chinnadurai, attorney-advisor, and Rafael Franco, writer-editor intern in the Copyright Office.

Over the last several years, we have witnessed a new class of creative works entering the public domain in the United States each January 1. This year, a variety of works published in 1928, ranging from motion pictures to music to books, joined others in the public domain. The public domain has important historical and cultural benefits in the lifecycle of copyright...

Below are just a few of the historical and cultural works that entered the public domain in 2024."

How John Deere Hijacked Copyright Law To Keep You From Tinkering With Your Tractor; Reason, January 8, 2024

LUKE HOGG , Reason; How John Deere Hijacked Copyright Law To Keep You From Tinkering With Your Tractor

"For nearly 25 years, Section 1201 has been hanging over the developers and distributors of tools that give users more control over the products they own. The ways in which John Deere and other corporations have used the copyright system is a glaring example of regulatory capture in action, highlighting the absurdity of a system where owning a product doesn't necessarily convey the right to fully control it. There are certainly circumstances where the manufacturers are justified in protecting their products from tampering, but such cases should be handled through warranty nullification and contract law, not through exorbitant fines and lengthy prison sentences."

Science fiction writers imagine a future in which AI doesn’t abuse copyright – or their generosity; The Register, December 15, 2023

Simon Sharwood, The Register ; Science fiction writers imagine a future in which AI doesn’t abuse copyright – or their generosity

"Which is why several authors and the Authors Guild have launched lawsuits against OpenAI. It's also why the US Copyright Office in August 2023 launched an inquiry into copyright and artificial intelligence and invited public comments.

The SFWA took advantage of that offer, as did many others: the consultation has generated over 10,000 comments.

The Association's most recent submission – lodged on December 7 and noticed by Torrentfreak – notes that it is in "the unique position of representing many authors who have fought to make their work available for free for human readers."

"Over the last twenty years, many science fiction and fantasy authors of short fiction have embraced the open internet, believing that it is good for society and for a flourishing culture that art be available to their fellow human beings regardless of ability to pay," the submission states. But there's a difference between making a work free and giving it away.

"Being freely available has never meant abandoning the moral and legal rights of the authors, nor the obligation to enter into legal contracts to compensate authors for their work and spell out how it may and may not be used," the submission argues.

"The current content-scraping regime preys on that good-faith sharing of art as a connection between human minds and the hard work of building a common culture," the submission adds."

Marybeth Peters: Renaissance Woman of Copyright; New York City Bar Association Podcasts, December 13, 2023

New York City Bar Association Podcasts; Marybeth Peters: Renaissance Woman of Copyright

"Lawyer. Leader. Public Servant. Trailblazer. Friend.

Marybeth Peters, the second-longest serving Register of Copyrights (1994 - 2010), died on September 29, 2022, in Washington, D.C., at the age of 83. With her passing, Register Peters left behind a lasting and far-reaching legacy in her storied 40-plus year career as a distinguished attorney, respected copyright law expert, and the director of the U.S. Copyright Office, where she helped shape and implement critical new laws, including the 1998 Digital Millennium Copyright Act, the Sonny Bono Copyright Term Extension Act, and the Uruguay Round Agreements Act among others. In addition, Register Peters was remembered as a mentor, teacher, and friend who touched the lives of everyone around her with grace and her unforgettable laugh.

Presented by the New York City Bar Copyright and Literary Property Committee, committee member Theodora Fleurant, a trademark attorney based in New York City, and Jose Landivar, an Associate at Coates IP, lead an unforgettable series of conversations with some of the people closest to Register Peters to look back on her life and legacy, including:

•	Shira Perlmutter, the current Register of Copyrights and Director of the U.S. Copyright Office
•	Maria Pallante, President and CEO of the Association of American Publishers who formerly served as the 12th Register of Copyrights
•	Richard Dannay, Counsel at Cowan, Liebowitz & Latman, P.C.
•	Eric Schwartz, Partner at Mitchell Silberberg & Knupp LLP, and former Acting General Counsel and Senior Legal Advisor to the Register of Copyrights
•	David Carson, current Copyright Office Claims Officer who, formerly served as head of the Copyright Policy Team in the Office of Policy and International Affairs at the U.S. Patent and Trademark Office and as General Counsel of the U.S. Copyright Office

This podcast paints a fascinating portrait of a leading U.S. and international copyright law expert. It seeks to inspire listeners with lessons in leadership, courage, innovation, and dedicated public service.

This podcast would not have been possible without the support of the U.S. Copyright Office (https://www.copyright.gov/) and audio provided by the Copyright Clearance Center.

Photo: Courtesy of the U.S. Copyright Office.

Access a transcript of this episode here: https://bityl.co/MvSf"

Beijing Internet Court Recognizes Copyright in AI-Generated Images; The National Law Review, November 29, 2023

 Aaron Wininger of Schwegman, Lundberg & Woessner, P.A., The National Law Review; Beijing Internet Court Recognizes Copyright in AI-Generated Images

"On November 27, 2023 the Beijing Internet Court issued a decision recognizing copyright in AI-generated images. The plaintiff, Mr. Li, used Stable Diffusion (an artificial intelligence) to generate the image involved in the case and published it on the Xiaohongshu platform; the defendant, a blogger on Baijiahao, used the image generated by the plaintiff’s AI to accompany the article, and the plaintiff sued. The Court held that the artificial intelligence-generated image involved in the case met the requirements of “originality” and reflected a human’s original intellectual investment and should be recognized as works and protected by copyright law. This is the opposite of the decision reached by the U.S. Copyright Office in Zarya of the Dawn (Registration # VAu001480196) that did not recognize copyright in AI-generated images. Note this Beijing case is also different from the recent Thaler v. Perlmutter decision (Civil Action No. 22-1564 (BAH)) because Thaler was trying to recognize the AI as the author and not the person using the AI as a tool as author."

‘Please regulate AI:' Artists push for U.S. copyright reforms but tech industry says not so fast; AP, November 18, 2023

 MATT O’BRIEN, AP; ‘Please regulate AI:' Artists push for U.S. copyright reforms but tech industry says not so fast

"Most tech companies cite as precedent Google’s success in beating back legal challenges to its online book library. The U.S. Supreme Court in 2016 let stand lower court rulings that rejected authors’ claim that Google’s digitizing of millions of books and showing snippets of them to the public amounted to copyright infringement.

But that’s a flawed comparison, argued former law professor and bestselling romance author Heidi Bond, who writes under the pen name Courtney Milan. Bond said she agrees that “fair use encompasses the right to learn from books,” but Google Books obtained legitimate copies held by libraries and institutions, whereas many AI developers are scraping works of writing through “outright piracy.”

Perlmutter said this is what the Copyright Office is trying to help sort out.

“Certainly this differs in some respects from the Google situation,” Perlmutter said. “Whether it differs enough to rule out the fair use defense is the question in hand.”"

U.S. Copyright Office Extends Deadline for Reply Comments on Artificial Intelligence Notice of Inquiry; U.S. Copyright Office, November 15, 2023

 U.S. Copyright Office, Issue No. 1026; U.S. Copyright Office Extends Deadline for Reply Comments on Artificial Intelligence Notice of Inquiry

"The U.S. Copyright Office is extending the deadline to submit reply comments in response to the Office’s August 30, 2023, notice of inquiry regarding artificial intelligence and copyright. The deadline will ensure that members of the public have sufficient time to prepare responses to the Office’s questions and submitted comments and that the Office can proceed on a timely basis with its inquiry of the issues identified in its notice with the benefit of a complete record.

Reply comments are now due by 11:59 p.m. eastern time on Wednesday, December 6, 2023.

The Federal Register notice announcing this extension and additional information, including instructions for submitting comments, are available on the  Artificial Intelligence Study webpage."

Artists may “poison” AI models before Copyright Office can issue guidance; Ars Technica, November 3, 2023

ASHLEY BELANGER , Ars Technica ; Artists may “poison” AI models before Copyright Office can issue guidance

"Rather than rely on opting out of future AI training data sets—or, as OpenAI recommends, blocking AI makers' web crawlers from accessing and scraping their sites in the future—artists are figuring out how to manipulate their images to block AI models from correctly interpreting their content."

Thaler Appeals D.C. Court Decision Denying Copyright for AI-Generated Art; The Fashion Law, October 12, 2023

The Fashion Law; Thaler Appeals D.C. Court Decision Denying Copyright for AI-Generated Art

"A case over the availability of copyright protection for artificial intelligence-generated artwork is headed before a U.S. appeals court. In a notice lodged on Wednesday, Stephen Thaler alerted the U.S. District Court for the District of Columbia that he is appealing its August 18 decision, in which it held that an artwork created by AI is not eligible for copyright registration, to the U.S. Court of Appeals for the District of Columbia Circuit. As first reported by TFL, Thaler – who sought to register the AI-generated artwork, “A Recent Entrance to Paradise” with the Copyright Office – is appealing the D.C. court’s grant of summary judgment in favor of Shira Perlmutter and the Copyright Office and its denial of his own summary judgment motion this summer...

The case is Stephen Thaler v. Shira Perlmutter, et al., 1:22-cv-01564 (DDC)."

U.S. Copyright Office Extends Deadline for Comments on Artificial Intelligence Notice of Inquiry; U.S. Copyright Office, September 21, 2023

 U.S. Copyright Office, Issue No. 1021; U.S. Copyright Office Extends Deadline for Comments on Artificial Intelligence Notice of Inquiry

"The U.S. Copyright Office extended the deadline to submit comments in response to its August 30, 2023, notice of inquiry regarding artificial intelligence and copyright. The new deadlines will ensure that members of the public have sufficient time to prepare fulsome responses to the Office's questions so the Office can proceed with its inquiry with the benefit of a complete record of public input and feedback.

Initial written comments are now due by 11:59 p.m. eastern time on Monday, October 30, 2023. Reply comments are now due by 11:59 p.m. eastern time on Wednesday, November 29, 2023.

The Federal Register notice announcing this extension and additional information, including instructions for submitting comments, are available at https://www.copyright.gov/policy/artificial-intelligence/."

Opinion: The Copyright Office is making a mistake on AI-generated art; Ars Technica, September 22, 2023

TIMOTHY B. LEE, Ars Technica; Opinion: The Copyright Office is making a mistake on AI-generated art

"I don’t think these more recent decisions are going to age well.

“The copyright office's position follows fairly logically from what they've staked out,” Cornell University copyright scholar James Grimmelmann told me. “And that follows fairly logically from existing copyright doctrine or theory.”

At the same time, Grimmelmann said, “I don't see this approach being scalable. It seems like a quagmire.”"

Artist Who Duped Art Contest With AI Image Has Copyright Application Rejected; PetaPixel, September 7, 2023

MATT GROWCOOT , PetaPixel; Artist Who Duped Art Contest With AI Image Has Copyright Application Rejected

"An artist who rose to notoriety for winning first place in a fine art competition with an AI-generated imagehas had his application for protection rejected by the U.S. Copyright Office.

Jason Allen made headlines around the world last year when the Colorado State Fair awarded his AI-generated artwork, Theatre D’opera Spatial, first place in the digital art/digitally manipulated photography category of the Fine Art competition. Allen was unrepentant for his actions, saying “I’m not stopping now.” 

True to his word, he now wants Theatre D’opera Spatial to be afforded copyright protection, but, true to its word, the Copyright Office has rejected the application because the picture is not a product of human authorship."

Jason Allen’s AI art won the Colorado fair — but now the feds say it can’t get a copyright; Copyright Public Radio (CPR), September 6, 2023

 Andrew Kenney, Copyright Public Radio (CPR); Jason Allen’s AI art won the Colorado fair — but now the feds say it can’t get a copyright

"The image was striking enough to win part of the Colorado State Fair’s art contest last year. But the U.S. Copyright Office on Tuesday issued a final decision that it can not be copyrighted, meaning Allen can’t get legal protections to stop others from reproducing and using the image themselves."