Public roundtable: AI and protections for use of an individual’s name, image, likeness, or reputation; United States Patent and Trademark Office (USPTO), Monday, August 5, 2024 9 AM EDT - 4:30 PM EDT

United States Patent and Trademark Office (USPTO); Public roundtable: AI and protections for use of an individual’s name, image, likeness, or reputation

"The United States Patent and Trademark Office (USPTO) invites members of the public to a roundtable discussion about the intersection of artificial intelligence (AI) technology and legal protections for individuals’ reputations and name, image, voice, likeness (NIL), and other indicators of identity. 

This is your opportunity to provide input on:

• Whether existing legal protections for individuals’ NIL and reputations are sufficient
• How these legal protections intersect with other intellectual property (IP) laws
• How AI technology impacts existing legal protections for NIL and reputation

The feedback received will assist the USPTO’s work to develop IP policy recommendations regarding the intersection of AI and IP, in accordance with the  Executive Order on AI ssued by President Biden in October 2023.

The roundtable will consist of two sessions: A morning in-person session at USPTO headquarters in Alexandria, Virginia, and an afternoon virtual session. Both sessions will be livestreamed."

USPTO Seeks Public Comment on the Impact of Artificial Intelligence on Patentability; JDSupra, June 17, 2024

Ivy Clarice Estoesta, Roozbeh Gorgin , JDSupra; USPTO Seeks Public Comment on the Impact of Artificial Intelligence on Patentability

"The relentless march of technological progress presents a unique challenge for the intellectual property (IP) landscape. Earlier this year, the United States Patent and Trademark Office (USPTO) issued a Request for Comments (RFC) on inventorship guidance for AI-assisted inventions. See 89 FR 10043, available here (last visited June 10, 2024). Many responses to that inquiry, which closes on June 20, 2024, have encouraged the USPTO to investigate how AI impacts obviousness determinations. Not surprisingly, the USPTO recently issued a RFC seeking public input on the potential impact of Artificial Intelligence (AI) on prior art, the knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability. See89 FR 34217, p. 34217, available here (last visited June 10, 2024). This client alert summarizes that RFC and delves into the complexities surrounding AI and patents, exploring the implications for patent applications, patent owners, patent practitioners, and the future of IP law."

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."

Copyright Office and USPTO Announce NFT Study and Roundtables; U.S. Copyright Office, November 22, 2022

U.S. Copyright Office, NewsNet 988; Copyright Office and USPTO Announce NFT Study and Roundtables

"The U.S. Copyright Office and the U.S. Patent and Trademark Office are publishing a Federal Register notice announcing a U.S. Copyright Office and U.S. Patent and Trademark Office (USPTO) joint study to examine various matters related to intellectual property that arise from the use of non-fungible tokens (NFTs).

In a letter dated June 9, 2022, Senators Patrick Leahy and Thom Tillis requested that the Copyright Office and the USPTO conduct a joint study and address issues related to NFTs and intellectual property rights in consultation with the private sector, drawing from the technological, creative, and academic sectors.

To assist in preparing a report for Congress, the notice seeks written responses from the public to several questions. It also announces that the Copyright Office and USPTO intend to hold virtual public roundtables in January 2023.

For additional information, including instructions for submitting comments and asking to participate in the roundtables, please visit the Copyright Office website. Comments must be received no later than January 9, 2023."

U.S. Copyright Office Consultation Triggers Massive “Upload Filter” Opposition; TorrentFreak, February 16, 2022

Ernesto Van der Sar, TorrentFreak; U.S. Copyright Office Consultation Triggers Massive “Upload Filter” Opposition

"Late 2020, Senator Thom Tillis released a discussion draft of the “Digital Copyright Act” (DCA), which aims to be a successor to the current DMCA.

The DCA hints at far-reaching changes to the way online intermediaries approach the piracy problem. Among other things, these services would have to ensure that pirated content stays offline after it’s taken down once.

This “takedown and staydown’ approach relies on technical protection tools, which include upload filters. This is a sensitive subject that previously generated quite a bit of pushback when the EU drafted its Copyright Directive.

To gauge the various options and viewpoints, the Copyright Office launched a series of consultations on the various technical tools that can help to detect and remove pirated content from online platforms.

This effort includes a public consultation where various stakeholders and members of the public were invited to share their thoughts, which they did en masse."

Librarian of Congress Seeks Input on Register of Copyrights; The Library of Congress, March 2, 2020

Press Release, The Library of Congress;

Librarian of Congress Seeks Input on Register of Copyrights

"The public will have the opportunity to provide input to the Library of Congress on expertise needed by the next Register of Copyrights, the Librarian of Congress, Carla Hayden, announced today.

Beginning today, March 2, a form to solicit this feedback is online and open to the public. The form will be posted through Friday, March 20.

• Public input form: https://www.loc.gov/about/librarian-of-congress-seeks-input-on-register-of-copyrights/
• Deadline for submitting comments: Friday, March 20, 2020

The Library of Congress will review all input and use it to help develop the knowledge, skills and abilities requirements for our announcement to fill the Register of Copyrights position.
The Library of Congress is the world’s largest library, offering access to the creative record of the United States — and extensive materials from around the world — both on-site and online. It is the main research arm of the U.S. Congress and the home of the U.S. Copyright Office. Explore collections, reference services, and other programs and plan a visit at loc.gov, access the official site for U.S. federal legislative information at congress.gov, and register and record creative works of authorship at copyright.gov."

WIPO Publishes Submissions on AI and IP Policy; IP Watchdog, February 24, 2020

James Nurton, IP Watchdog; WIPO Publishes Submissions on AI and IP Policy

"Twenty-two member states of the World Intellectual Property Organization (WIPO), more than 100 organizations, and over 100 individuals have submitted comments and suggestions in response to WIPO’s Draft Issues Paper on IP Policy and AI.

The submissions have been posted in the form and in the languages in which they were received on WIPO’s website.

The comments will feed into a revised issues paper for discussion at the second session of the WIPO Conversation on IP and AI, which takes place in Geneva in May 2020."

WIPO Impact of Artificial Intelligence on IP Policy: Draft Issues Paper. (December 13, 2019). [Comments due by 2/14/20] 

WIPO Impact of Artificial Intelligence on IP Policy: Draft Issues Paper. (December 13, 2019). [Comments due by 2/14/20] 

AI Update: WIPO Begins Public Consultation Process on Artificial Intelligence and Intellectual Property Policy; Lexology, January 15, 2020

Covington & Burling LLP - Gregory Discher, Lexology; AI Update: WIPO Begins Public Consultation Process on Artificial Intelligence and Intellectual Property Policy

"The World Intellectual Property Organization (“WIPO”) recently announced a public consultation process on Artificial Intelligence and Intellectual Property Policy. As part of the consultation process, WIPO concurrently published and has requested feedback on a wide-ranging draft IP Policy and AI Issues Paper that is intended to help define the most pressing AI-related questions likely to face IP policy makers in the areas of patents, copyright, and data.

The Issues Paper follows other recent WIPO activity pertaining to AI-related IP issues. In January 2019 WIPO issued a publication that surveyed the landscape of AI innovation since the field first developed in the 1950s, and in September 2019 WIPO held a Conversation on IP and AI.

Recognizing the significance and potential implications of the intersection of AI and intellectual property, two of the leading patent offices have now requested public comment. As discussed in a previous blog, the U.S. Patent and Trademark Office issued a “Request for Comments on Patenting Artificial Intelligence Inventions” on August 27, 2019. The USPTO subsequently issued a “Request for Comments on Intellectual Property Protection for Artificial Intelligence Innovation” on October 30, 2019, in which it seeks comments on the copyright, trademark, and other intellectual property rights issues that may be impacted by AI."

USPTO Seeking Public Comments on Draft 2018-2022 Strategic Plan; U.S. Patent and Trademark Office (USPTO), August 22, 2018

USPTO Seeking Public Comments on Draft 2018-2022 Strategic Plan

"The United States Patent and Trademark Office (USPTO) today announced it is seeking comments on the draft 2018-2022 Strategic Plan. The draft plan sets out the USPTO's mission-focused strategic goals: to optimize patent quality and timeliness; to optimize trademark quality and timeliness; and to provide domestic and global leadership to improve intellectual property (IP) policy, enforcement, and protection worldwide.

 

The USPTO welcomes comments on all aspects of the plan. Comments should be sent by email addressed to Strategicplanning1@uspto.gov (link sends e-mail). The USPTO will consider all comments received during the public comment period from August 22 through September 20, and anticipates posting the final strategic plan for FY 2018-2022 on www.uspto.gov in November 2018.

For more information on the proposed 2018-2022 Strategic Plan at the USPTO, please visit www.uspto.gov/about-us/performance-and-planning/strategy-and-reporting"

Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition; [Press Release] U.S. Copyright Office, copyright.gov, June 1, 2017

[Press Release] U.S. Copyright Office, copyright.gov

Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition
Issue No. 666 - June 01, 2017

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Acting Register of Copyrights Karyn Temple Claggett today released a revised draft of the Compendium of U.S. Copyright Office Practices, Third Edition. This draft includes the first proposed updates to the Compendium since its release in December 2014. The public draft is available on the Office’s website at https://copyright.gov/comp3/draft.html. It will go into effect on July 3, 2017.

The Compendium is the administrative manual of the Register of Copyrights concerning the mandate and statutory duties of the Copyright Office under Title 17 of the United States Code. See 37 CFR. § 201.2(b)(7). The proposed updates are the result of a comprehensive review of the Office’s practices and procedures. The draft revisions to the registration chapters clarify how and when the Office communicates with applicants and how it handles duplicate claims, deposit requirements, and claims involving multiple works, among other improvements. The update also provides preliminary guidance for claims involving useful articles based on the Supreme Court’s recent decision in Star Athletica v. Varsity Brands.

The draft revisions to the recordation chapter provide additional guidance for recording notices of termination and information on the Office’s new electronic system for the designation of agents. The draft update also addresses recent changes in the Office’s regulations, including the “mailbox rule” for requests for reconsideration, new procedures for removing personally identifiable information, and changes made by the Office’s technical amendments. For a full accounting of draft Compendium revisions, read more.

Additionally, the Compendium has been reformatted to improve readability for online and offline users. When the revision is released in final form, it will include improved hyperlinks to provide direct access to legal citations and resources on the Office’s website, as well as improved cross-references between chapters.

Public comments on this draft may be submitted from June 1 to June 30 using the provided form. See www.copyright.gov/comp3/draft.html for more information.

Digital Rights Groups: DMCA Reform Should Target Takedown Abuse, Errors; Intellectual Property Watch, 4/3/16

William New, Intellectual Property Watch; Digital Rights Groups: DMCA Reform Should Target Takedown Abuse, Errors:

"EFF’s written comments were filed as part of a series of studies on the effectiveness of the DMCA, begun by the Copyright Office this year. This round of public comments focuses on Section 512, which provides a notice-and-takedown process for addressing online copyright infringement, as well as “safe harbors” for Internet services that comply.

“One of the central questions of the study is whether the safe harbors are working as intended, and the answer is largely yes,” said EFF Legal Director Corynne McSherry. “The safe harbors were supposed to give rightsholders streamlined tools to police infringement, and give service providers clear rules so they could avoid liability for the potentially infringing acts of their users. Without those safe harbors, the Internet as we know it simply wouldn’t exist, and our ability to create, innovate, and share ideas would suffer.”

As EFF also notes in its comments, however, the notice-and-takedown process is often abused. A recent report found that the notice-and-takedown system is riddled with errors, misuse, and overreach, leaving much legal and legitimate content offline. EFF’s comments describe numerous examples of bad takedowns, including many that seemed based on automated content filters employed by the major online content sharing services."

US Copyright Reform Hearing Rescheduled To 12 December [2013]; Intellectual Property Watch, 10/11/3

Intellectual Property Watch; US Copyright Reform Hearing Rescheduled To 12 December [2013] : "A hearing to consider a United States government “green paper” as part of the ongoing reform of the US copyright system has been moved to 12 December due to the government shutdown."

USPTO Lays Out Process For Public Input To Copyright Policy Reform; Intellectual Property Watch, 10/8/13

Intellectual Property Watch; USPTO Lays Out Process For Public Input To Copyright Policy Reform: "A 4 October blog by USPTO Chief Policy Officer and Director for International Affairs Shira Perlmutter describes the process... Perlmutter added: “As explained in the Federal Register Notice, we are particularly seeking comments on five specific topics raised in the green paper: (1) establishing a multistakeholder dialogue on improving the operation of the notice and takedown system for removing infringing content from the Internet under the Digital Millennium Copyright Act (DMCA); (2) the legal framework for the creation of remixes; (3) the relevance and scope of the first sale doctrine in the digital environment; (4) the application of statutory damages in the contexts of individual file sharers and of secondary liability for large-scale infringement; and (5) the appropriate role for the government, if any, to help improve the online licensing environment, including access to comprehensive databases of rights information.”"