AI Ethics Part Two: AI Framework Best Practices; Mondaq, August 29, 2024

 Laura Gibbs ,Ben Verley Justin Gould, Kristin Morrow, Rebecca Reeder, Monday; AI Ethics Part Two: AI Framework Best Practices

"Ethical artificial intelligence frameworks are still emerging across both public and private sectors, making the task of building a responsible AI program particularly challenging. Organizations often struggle to define the right requirements and implement effective measures. So, where do you start if you want to integrate AI ethics into your operations?

In Part I of our AI ethics series, we highlighted the growing pressure on organizations to adopt comprehensive ethics frameworks and the impact of failing to do so. We emphasized the key motivators for businesses to proactively address potential risks before they become reality.

This article delves into what an AI ethics framework is and why it is vital for mitigating these risks and fostering responsible AI use. We review AI ethics best practices, explore common challenges and pitfalls, and draw insights from the experiences of leading industry players across various sectors. We also discuss key considerations to ensure an effective and actionable AI ethics framework, providing a solid foundation for your journey towards ethical AI implementation.

AI Ethics Framework: Outline

A comprehensive AI ethics framework offers practitioners a structured guide with established rules and practices, enabling the identification of control points, performance boundaries, responses to deviations, and acceptable risk levels. Such a framework ensures timely ethical decision-making by asking the right questions. Below, we detail the main functions, core components, and key controls necessary for a robust AI ethics framework."

Essential Skills for IT Professionals in the AI Era; IEEE Spectrum, August 27, 2024

 KUMAR SINGIRIKONDA , IEEE Spectrum; Essential Skills for IT Professionals in the AI Era

"Artificial Intelligence is transforming industries worldwide, creating new opportunities in health care, finance, customer service, and other disciplines. But the ascendance of AI raises concerns about job displacement, especially as the technology might automate tasks traditionally done by humans.

Jobs that involve data entry, basic coding, and routine system maintenance are at risk of being eliminated—which might worry new IT professionals. AI also creates new opportunities for workers, however, such as developing and maintaining new systems, data analysis, and cybersecurity. If IT professionals enhance their skills in areas such as machine learning, natural language processing, and automation, they can remain competitive as the job market evolves.

Here are some skills IT professionals need to stay relevant, as well as advice on how to thrive and opportunities for growth in the industry...

Key insights into AI ethics

Understanding the ethical considerations surrounding AI technologies is crucial. Courses on AI ethics and policy provide important insights into ethical implications, government regulations, stakeholder perspectives, and AI’s potential societal, economic, and cultural impacts.

I recommend reviewing case studies to learn from real-world examples and to get a grasp of the complexities surrounding ethical decision-making. Some AI courses explore best practices adopted by organizations to mitigate risks."

OpenAI Pushes Prompt-Hacking Defense to Deflect Copyright Claims; Bloomberg Law, August 29, 2024

 Annelise Gilbert, Bloomberg Law; OpenAI Pushes Prompt-Hacking Defense to Deflect Copyright Claims

"Diverting attention to hacking claims or how many tries it took to obtain exemplary outputs, however, avoids addressing most publishers’ primary allegation: AI tools illegally trained on copyrighted works."

California advances landmark legislation to regulate large AI models; AP, August 28, 2024

 TRÂN NGUYỄN, AP ; California advances landmark legislation to regulate large AI models

"Wiener’s proposal is among dozens of AI bills California lawmakers proposed this year to build public trust, fight algorithmic discrimination and outlaw deepfakes that involve elections or pornography. With AI increasingly affecting the daily lives of Americans, state legislators have tried to strike a balance of reigning in the technology and its potential risks without stifling the booming homegrown industry. 

California, home of 35 of the world’s top 50 AI companies, has been an early adopter of AI technologies and could soon deploy generative AI tools to address highway congestion and road safety, among other things."

Controversial California AI regulation bill finds unlikely ally in Elon Musk; The Mercury News, August 28, 2024

 RYAN MACASERO , The Mercury News; Controversial California AI regulation bill finds unlikely ally in Elon Musk

"With a make-or-break deadline just days away, a polarizing bill to regulate the fast-growing artificial intelligence industry from progressive state Sen. Scott Wiener has gained support from an unlikely source.

Elon Musk, the Donald Trump-supporting, often regulation-averse Tesla CEO and X owner, this week said he thinks “California should probably pass” the proposal, which would regulatethe development and deployment of advanced AI models, specifically large-scale AI products costing at least $100 million to build.

The surprising endorsement from a man who also owns an AI company comes as other political heavyweights typically much more aligned with Wiener’s views, including San Francisco Mayor London Breed and Rep. Nancy Pelosi, join major tech companies in urging Sacramento to put on the brakes." 

World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge; WilmerHale, August 26, 2024

• • • Daniel S. Volchok, Thomas G. Saunders, Laura E. Powell, WilmerHale; World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

"Following nearly twenty-five years of negotiations, members of the World Intellectual Property Organization (WIPO) recently adopted a treaty implementing the new requirement for international patent applicants to disclose in their applications any Indigenous Peoples and/or communities that provided traditional knowledge on which the applicant drew in creating the invention sought to be patented.1 The treaty was adopted at WIPO’s “Diplomatic Conference to Conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources, and Traditional Knowledge Associated with Genetic Resources,” which was held May 13–24.2 The goal of the treaty, known as the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, is to “prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and traditional knowledge associated with genetic resources.”3 This treaty—the first treaty of its kind, linking intellectual property and Indigenous Peoples—also aims to “enhance the efficacy, transparency and quality of the patent system with regard to genetic resources and traditional knowledge associated with genetic resources.”4 

Once the treaty is ratified, patent applicants will have new (but nonretroactive) disclosure requirements for international patent applications."

Trump and Associates Set to Face Isaac Hayes’ Estate in Court Over Use of Songwriter’s Music; The Hollywood Reporter, August 26, 2024

 Kevin Dolan, The Hollywood Reporter; Trump and Associates Set to Face Isaac Hayes’ Estate in Court Over Use of Songwriter’s Music

"Team Trump and multiple associations and organizations affiliated with the former president will finally have to appear before a judge to explain its unauthorized use of popular music at the GOP candidate’s rallies and events, which has gone on for years but is being threatened by the estate of recording legend Isaac Hayes, which was granted an emergency injunction in its lawsuit against the former president, according to a Friday social media post from the songwriter’s son.

Team Trump and multiple associations and organizations affiliated with the former president will finally have to appear before a judge to explain its unauthorized use of popular music at the GOP candidate’s rallies and events, which has gone on for years but is being threatened by the estate of recording legend Isaac Hayes, which was granted an emergency injunction in its lawsuit against the former president, according to a Friday social media post from the songwriter’s son."

Crayola trademarks the 'slightly earthy' smell of its crayons; Financial Post, August 23, 2024

 Lily Meier and Brian Delk, Bloomberg via Financial Post; Crayola trademarks the 'slightly earthy' smell of its crayons

"In July, the U.S. Patent and Trademark Office issued a trademark to the arts and crafts giant for the smell of its crayons — that waxy scent of a childhood spent trying to colour within the lines."

Startup using blockchain to prevent copyright theft by AI is valued over $2 billion after fresh funding; CNBC, August 21, 2024

 Ryan Browne, CNBC; Startup using blockchain to prevent copyright theft by AI is valued over $2 billion after fresh funding

"San-Francisco-based startup Story said Wednesday that it raised $80 million of funding for a blockchain designed to prevent artificial intelligence makers like OpenAI from taking creators’ intellectual property without permission."

#ICYMI: Recap of the Copyright Office’s Webinar on Leveling Up Your Copyright Public Records Search; Library of Congress Blogs, Copyright Creativity at Work, August 20, 2024

Anjana Padmanabhan, Library of Congress Blogs, Copyright Creativity at Work ; #ICYMI: Recap of the Copyright Office’s Webinar on Leveling Up Your Copyright Public Records Search

"On August 1, 2024, the Copyright Office hosted a public webinar, Level Up Your Copyright Public Records Search, sharing ways of searching copyright public records using our pilot of the new Copyright Public Records System (CPRS). CPRS is an easy-to-navigate, highly searchable database with the ability to download, save, email, and share public records such as registration and renewal information and recorded documents. CPRS is the second component to be made publicly available as part of the Office’s expanding Enterprise Copyright System (ECS).

If you missed this webinar, you can check out the full recording and links to resources shared during the event on our website.

The sixty-minute webinar started with an introduction by Assistant Register and Director, Office of Copyright Records Denise Wofford. Wofford offered a historical overview of making copyright records publicly accessible, tracing the process from the consolidation of the Copyright Office under the Library of Congress in 1870 to the present day.

Wofford also briefly touched on the 2025 decommissioning of the legacy system that supports the existing Copyright Office Online Public Catalog. CPRS will become the sole source of authoritative online copyright information on registrations and recordations by summer 2025 upon retirement of the legacy system.

Next, Deputy Director, Office of Public Information and Education George Thuronyi demonstrated the CPRS pilot’s powerful search capabilities by sharing several examples of how users can easily conduct basic and advanced searches in CPRS by keyword, name, and title and how to download, save, and email recent searches. Thuronyi also discussed duration of copyright, which can be helpful to users when researching information about copyright registration and ownership.

Finally, Copyright Specialist Michael Goldfine of the Records Research and Certification Division provided information on supplemental on-site resources and online research and support services the Office provides to the public. His presentation included ways to request copies of records, deposit materials, and search reports in the Office’s custody and what to expect when visiting the Copyright Reading Room, which is open to the public Monday through Friday from 8:30 a.m. to 5:00 p.m. except holidays.

The webinar concluded with a lively question-and-answer session, where speakers answered questions attendees submitted live ranging from “Can I see the deposit material for a registration?” to “Are there plans to include the older copyright records in CPRS currently only available onsite in your Washington, DC, location?” and much more.

Please check out the full recording and links to resources shared during the event on our website."

ABC, Kimmel Defeat George Santos Cameo Video Copyright Suit; Bloomberg Law, August 19, 2024

Kyle Jahner , Bloomberg Law; ABC, Kimmel Defeat George Santos Cameo Video Copyright Suit

"Jimmy Kimmel and ABC defeated former Rep. George Santos’ copyright lawsuit as a New York federal court found use of his Cameo videos on television constituted fair use."

Authors sue Claude AI chatbot creator Anthropic for copyright infringement; AP, August 19, 2024

MATT O’BRIEN, AP; Authors sue Claude AI chatbot creator Anthropic for copyright infringement

"A group of authors is suing artificial intelligence startup Anthropic, alleging it committed “large-scale theft” in training its popular chatbot Claude on pirated copies of copyrighted books.

While similar lawsuits have piled up for more than a year against competitor OpenAI, maker of ChatGPT, this is the first from writers to target Anthropic and its Claude chatbot.

The smaller San Francisco-based company — founded by ex-OpenAI leaders — has marketed itself as the more responsible and safety-focused developer of generative AI models that can compose emails, summarize documents and interact with people in a natural way...

The lawsuit was brought by a trio of writers — Andrea Bartz, Charles Graeber and Kirk Wallace Johnson — who are seeking to represent a class of similarly situated authors of fiction and nonfiction...

What links all the cases is the claim that tech companies ingested huge troves of human writings to train AI chatbots to produce human-like passages of text, without getting permission or compensating the people who wrote the original works. The legal challenges are coming not just from writers but visual artists, music labels and other creators who allege that generative AI profits have been built on misappropriation...

But the lawsuit against Anthropic accuses it of using a dataset called The Pile that included a trove of pirated books. It also disputes the idea that AI systems are learning the way humans do."

New ABA Rules on AI and Ethics Shows the Technology Is 'New Wine in Old Bottles'; The Law Journal Editorial Board via Law.com, August 16, 2024

 The Law Journal Editorial Board via Law.com; New ABA Rules on AI and Ethics Shows the Technology Is 'New Wine in Old Bottles'

On July 29, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 512 on generative artificial intelligence tools. The opinion follows on such opinions and guidance from several state bar associations, as well as similar efforts by non-U.S. bars and regulatory bodies around the world...

Focused on GAI, the opinion addresses six core principles: competence, confidentiality, communication, meritorious claims and candor to tribunal, supervision and fees...

What is not commonly understood, perhaps, is that GAI “hallucinates,” and generates content...

Not addressed in the opinion is whether GAI is engaged in the practice of law...

At the ABA annual meeting, representatives of more than 20 “foreign” bars participated in a roundtable on GAI. In a world of cross-border practice, there was a desire for harmonization."

The beats go on: Trump keeps dancing as artists get outraged over his use of their songs; USA TODAY, August 13, 2024

 Jonathan Limehouse, USA TODAY; The beats go on: Trump keeps dancing as artists get outraged over his use of their songs

"Here are some of the songs that have created issues for Trump on the campaign trail, and how music copyright laws impact these claims."

UC Berkeley Law School To Offer Advanced Law Degree Focused On AI; Forbes, August 16, 2024

 Michael T. Nietzel, Forbes; UC Berkeley Law School To Offer Advanced Law Degree Focused On AI

"The University of California, Berkeley School of Law has announced that it will offer what it’s calling “the first-ever law degree with a focus on artificial intelligence (AI).” The new AI-focused Master of Laws (LL.M.) program is scheduled to launch in summer 2025.

The program, which will award an AI Law and Regulation certificate for students enrolled in UC Berkeley Law’s LL.M. executive track, is designed for working professionals and can be completed over two summers or through remote study combined with one summer on campus...

According to Assistant Law Dean Adam Sterling, the curriculum will cover topics such as AI ethics, the fundamentals of AI technology, and current and future efforts to regulate AI. “This program will equip participants with in-depth knowledge of the ethical, regulatory, and policy challenges posed by AI,” Sterling added. “It will focus on building practice skills to help them advise and represent leading law firms, AI companies, governments, and non-profit organizations.”"

Kim Dotcom to be extradited from New Zealand to US; The Guardian, August 15, 2024

Reuters via The Guardian , The Guardian; Kim Dotcom to be extradited from New Zealand to US

"As well as copyright infringement, Dotcom faces more serious charges, including money laundering and racketeering. He has long argued that he should not be held liable for copyright infringement carried out using his site, a filesharing service that allowed users to upload content and share the link with others to download."

Artists Score Major Win in Copyright Case Against AI Art Generators; The Hollywood Reporter, August 13, 2024

Winston Cho, The Hollywood Reporter; Artists Score Major Win in Copyright Case Against AI Art Generators

"Artists suing generative artificial intelligence art generators have cleared a major hurdle in a first-of-its-kind lawsuit over the uncompensated and unauthorized use of billions of images downloaded from the internet to train AI systems, with a federal judge allowing key claims to move forward.

U.S. District Judge William Orrick on Monday advanced all copyright infringement and trademark claims in a pivotal win for artists. He found that Stable Diffusion, Stability’s AI tool that can create hyperrealistic images in response to a prompt of just a few words, may have been “built to a significant extent on copyrighted works” and created with the intent to “facilitate” infringement. The order could entangle in the litigation any AI company that incorporated the model into its products."

Pueblo artist seeking copyright protection for AI-generated work; The Gazette, August 8, 2024

 O'Dell Isaac , The Gazette; Pueblo artist seeking copyright protection for AI-generated work

"“We’re done with the Copyright Office,” he said. “Now we’re going into the court system.”

Allen said he believes his case raises two essential questions: What is art? And if a piece doesn’t belong to the artist, whom does it belong to?

Tara Thomas, director of the Bemis School of Arts at Colorado College, said the answers may not be clear-cut.

“There was a similar debate at the beginning of photography,” Thomas said. "Was it the camera, or was it the person taking the photos? Is the camera the artmaker, or is it a tool?”

Allen said it took more than two decades for photography to gain acceptance as an art form.

“We’re at a similar place in AI art,” he said. 

“Right now, there is a massive stigma surrounding AI, far more so than there was with photography, so the challenge is much steeper. It is that very stigma that is contributing to the stifling of innovation. Why would anybody want to incorporate AI art into their workflow if they knew they couldn’t protect their work?”"

AI song generators face legal scrutiny accused of copyright infringement. How it affects our musicians.; News Channel 5 Nashville, August 1, 2024

Aaron Cantrell, News Channel 5 Nashville; AI song generators face legal scrutiny accused of copyright infringement. How it affects our musicians.

"Last month, the Recording Industry Association of America filed a lawsuit against developers of AI song generators for copyright infringement.

Lance Yarlott, a passionate musician, shared his thoughts on the matter...

His band prepared for their last rehearsal before recording in a studio on Middle Tennessee State University’s campus. Many songs come to life in a recording studio, however, they are no longer the only option.

There's been a surge of people using AI song generators from start-up companies like Suno and Udio...

MTSU copyright law professor and entertainment attorney Denise Shackelford explained the legal issues...

This year, Tennessee became the first state to protect musicians and other artists against AI, thanks to the Ensuring Likeness Voice and Image Security Act, or ELVIS Act for short."

Music labels' AI lawsuits create copyright puzzle for courts; Reuters, August 4, 2024

Blake Brittain, Reuters; Music labels' AI lawsuits create copyright puzzle for courts

"Suno and Udio pointed to past public statements defending their technology when asked for comment for this story. They filed their initial responses in court on Thursday, denying any copyright violations and arguing that the lawsuits were attempts to stifle smaller competitors. They compared the labels' protests to past industry concerns about synthesizers, drum machines and other innovations replacing human musicians...

The labels' claims echo allegations by novelists, news outlets, music publishers and others in high-profile copyright lawsuits over chatbots like OpenAI's ChatGPT and Anthropic's Claude that use generative AI to create text. Those lawsuits are still pending and in their early stages.

Both sets of cases pose novel questions for the courts, including whether the law should make exceptions for AI's use of copyrighted material to create something new...

"Music copyright has always been a messy universe," said Julie Albert, an intellectual property partner at law firm Baker Botts in New York who is tracking the new cases. And even without that complication, Albert said fast-evolving AI technology is creating new uncertainty at every level of copyright law.

WHOSE FAIR USE?

The intricacies of music may matter less in the end if, as many expect, the AI cases boil down to a "fair use" defense against infringement claims - another area of U.S. copyright law filled with open questions."

Meta in Talks to Use Voices of Judi Dench, Awkwafina and Others for A.I.; The New York Times, August 2, 2024

Mike Isaac and Nicole Sperling , The New York Times; Meta in Talks to Use Voices of Judi Dench, Awkwafina and Others for A.I.

"Meta is in discussions with Awkwafina, Judi Dench and other actors and influencers for the right to incorporate their voices into a digital assistant product called MetaAI, according to three people with knowledge of the talks, as the company pushes to build more products that feature artificial intelligence.

Apart from Ms. Dench and Awkwafina, Meta is in talks with the comedian Keegan-Michael Key and other celebrities, said the people, who spoke on the condition of anonymity because the discussions are private. They added that all of Hollywood’s top talent agencies were involved in negotiations with the tech giant." 

AI is complicating plagiarism. How should scientists respond?; Nature, July 30, 2024

 Diana Kwon , Nature; AI is complicating plagiarism. How should scientists respond?

"From accusations that led Harvard University’s president to resign in January, to revelations in February of plagiarized text in peer-review reports, the academic world has been roiled by cases of plagiarism this year.

But a bigger problem looms in scholarly writing. The rapid uptake of generative artificial intelligence (AI) tools — which create text in response to prompts — has raised questions about whether this constitutes plagiarism and under what circumstances it should be allowed. “There’s a whole spectrum of AI use, from completely human-written to completely AI-written — and in the middle, there’s this vast wasteland of confusion,” says Jonathan Bailey, a copyright and plagiarism consultant based in New Orleans, Louisiana.

Generative AI tools such as ChatGPT, which are based on algorithms known as large language models (LLMs), can save time, improve clarity and reduce language barriers. Many researchers now argue that they are permissible in some circumstances and that their use should be fully disclosed.

But such tools complicate an already fraught debate around the improper use of others’ work. LLMs are trained to generate text by digesting vast amounts of previously published writing. As a result, their use could result in something akin to plagiarism — if a researcher passes off the work of a machine as their own, for instance, or if a machine generates text that is very close to a person’s work without attributing the source. The tools can also be used to disguise deliberately plagiarized text, and any use of them is hard to spot. “Defining what we actually mean by academic dishonesty or plagiarism, and where the boundaries are, is going to be very, very difficult,” says Pete Cotton, an ecologist at the University of Plymouth, UK."

AI Startup Suno Claims “Fair Use” Copyright Doctrine Allows Training On Major Recordings; Deadline, August 1, 2024

 Bruce Haring, Deadline; AI Startup Suno Claims “Fair Use” Copyright Doctrine Allows Training On Major Recordings

"Suno CEO and co-founder Mikey Shulman amplified that stance in a blog post today. “We train our models on medium- and high-quality music we can find on the open internet… Much of the open internet indeed contains copyrighted materials, and some of it is owned by major record labels.”

Schulman said such use is viewed by Suno as “early but promising progress. Major record labels see this vision as a threat to their business.” He added, “learning is not infringing. It never has been, and it is not now.”

Shulman also argued that training its AI model from data on the “open internet” is no different than a “kid writing their own rock songs after listening to the genre.” 

The RIAA responded “It’s a major concession of facts they spent months trying to hide and acknowledged only when forced by a lawsuit. Their industrial scale infringement does not qualify as ‘fair use’. There’s nothing fair about stealing an artist’s life’s work, extracting its core value, and repackaging it to compete directly with the originals…Their vision of the ‘future of music’ is apparently one in which fans will no longer enjoy music by their favorite artists because those artists can no longer earn a living.”"

How OpenAI is Looking to Beat the Growing Pool of Copyright Cases; The Fashion Law, July 23, 2024

 Aaron West, The Fashion Law; How OpenAI is Looking to Beat the Growing Pool of Copyright Cases

"The recent barrage of copyright infringement disputes that are being waged against OpenAI and Microsoft by major publishers, authors, and other plaintiffs continues to stack up, with various outcomes coming in early rounds from district courts. While most of the cases that the artificial intelligence (“AI”) company and its chief investor are facing are still in early stages, at least one major theme has started to emerge from the litigation: The two high-powered defendants are leaning on a defense that paints the plaintiffs’ claims as stemming from their manipulation of the AI-powered platforms at play – and thus, prompting allegedly unlikely and hypothetical outputs – and the harm they allege in their infringement cases as purely speculative."

Copyright Office tells Congress: ‘Urgent need’ to outlaw AI-powered impersonation; TechCrunch, July 31, 2024

 Devin Coldewey, TechCrunch; Copyright Office tells Congress: ‘Urgent need’ to outlaw AI-powered impersonation

"The U.S. Copyright Office has issued the first part of a report on how AI may affect its domain, and its first recommendation out of the gate is: we need a new law right away to define and combat AI-powered impersonation

“It has become clear that the distribution of unauthorized digital replicas poses a serious threat not only in the entertainment and political arenas but also for private citizens,” said the agency’s director Shira Perlmutter in a statement accompanying the report. “We believe there is an urgent need for effective nationwide protection against the harms that can be caused to reputations and livelihoods.”

The report itself, part one of several to come, focuses on this timely aspect of AI and intellectual property, which as a concept encompasses your right to control your own identity."

Who Guards AI Ethics? Ending The Blame Game; Forbes, July 30, 2024

Gary Drenik, Forbes; Who Guards AI Ethics? Ending The Blame Game

"As AI becomes increasingly sophisticated and ubiquitous, a critical question has emerged: Who bears the responsibility for ensuring its ethical development and implementation?

According to a recent survey by Prosper Insights & Analytics, about 37% of US adults agree AI solutions need human oversight. However, corporations and governments are engaging in a frustrating game of hot potato, each pointing fingers and shirking accountability. This lack of clear responsibility poses significant risks.

On one hand, excessive government control and overregulation could stifle innovation, hindering AI's progress and potential to solve complex problems. Conversely, unchecked corporate influence and a lack of proper oversight could result in an "AI Wild West," where profit-driven motives supersede ethical considerations. This could result in biased algorithms, privacy breaches and the exacerbation of social inequalities."

Copyright Office Releases Part 1 of Artificial Intelligence Report, Recommends Federal Digital Replica Law; U.S. Copyright Office, July 31, 2024

 U.S. Copyright Office; Copyright Office Releases Part 1 of Artificial Intelligence Report, Recommends Federal Digital Replica Law

"Today, the U.S. Copyright Office is releasing Part 1 of its Report on the legal and policy issues related to copyright and artificial intelligence (AI), addressing the topic of digital replicas. This Part of the Report responds to the proliferation of videos, images, or audio recordings that have been digitally created or manipulated to realistically but falsely depict an individual. Given the gaps in existing legal protections, the Office recommends that Congress enact a new federal law that protects all individuals from the knowing distribution of unauthorized digital replicas. The Office also offers recommendations on the elements to be included in crafting such a law. 

“I am pleased to begin sharing the results of our comprehensive study of AI and copyright, with this first set of recommendations to Congress. It has become clear that the distribution of unauthorized digital replicas poses a serious threat not only in the entertainment and political arenas but also for private citizens. We believe there is an urgent need for effective nationwide protection against the harms that can be caused to reputations and livelihoods,” said Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office. “We look forward to working with Congress as they consider our recommendations and evaluate future developments.”

In early 2023, the Copyright Office announced a broad initiative to explore the intersection of copyright and artificial intelligence. Since then, the Office has issued registration guidance for works incorporating AI-generated content, hosted public listening sessions and webinars, met with numerous experts and stakeholders, published a notice of inquiry seeking input from the public, and reviewed the more than 10,000 responsive comments.

The Report is being released in several Parts, beginning today. Forthcoming Parts will address the copyrightability of materials created in whole or in part by generative AI, the legal implications of training AI models on copyrighted works, licensing considerations, and the allocation of any potential liability. 

For more information about the Copyright Office’s AI Initiative, please visit the website."

An academic publisher has struck an AI data deal with Microsoft – without their authors’ knowledge; The Conversation, July 23, 2024

Wellett Potter, Lecturer in Law, University of New England , The Conversation; ; An academic publisher has struck an AI data deal with Microsoft – without their authors’ knowledge

"In May, a multibillion-dollar UK-based multinational called Informa announced in a trading update that it had signed a deal with Microsoft involving “access to advanced learning content and data, and a partnership to explore AI expert applications”. Informa is the parent company of Taylor & Francis, which publishes a wide range of academic and technical books and journals, so the data in question may include the content of these books and journals.

According to reports published last week, the authors of the content do not appear to have been asked or even informed about the deal. What’s more, they say they had no opportunity to opt out of the deal, and will not see any money from it...

The types of agreements being reached between academic publishers and AI companies have sparked bigger-picture concerns for many academics. Do we want scholarly research to be reduced to content for AI knowledge mining? There are no clear answers about the ethics and morals of such practices."

The COPIED Act Is an End Run around Copyright Law; Public Knowledge, July 24, 2024

Lisa Macpherson , Public Knowledge; The COPIED Act Is an End Run around Copyright Law

"Over the past week, there has been a flurry of activity related to the Content Origin Protection and Integrity from Edited and Deepfaked Media (COPIED) Act. While superficially focused on helping people understand when they are looking at content that has been created or altered using artificial intelligence (AI) tools, this overly broad bill makes an end run around copyright law and restricts how everyone – not just huge AI developers – can use copyrighted work as the basis of new creative expression. 

The COPIED Act was introduced in the Senate two weeks ago by Senators Maria Cantwell (D-WA, and Chair of the Commerce Committee); Marsha Blackburn (R-TN); and Martin Heinrich (D-NM). By the end of last week, we learned there may be a hearing and markup on the bill within days or weeks. The bill directs agency action on standards for detecting and labeling synthetic content; requires AI developers to allow the inclusion of these standards on content; and prohibits the use of such content to generate new content or train AI models without consent and compensation from creators. It allows for enforcement by the Federal Trade Commission and state attorneys general, and for private rights of action. 

We want to say unequivocally that this is the wrong bill, at the wrong time, from the wrong policymakers, to address complex questions of copyright and generative artificial intelligence."

Who Owns the Law? The Pro Codes Act’s Copyright Conundrum; The Federalist Society, July 26, 2024

Jill Jacobson , The Federalist Society;  Who Owns the Law? The Pro Codes Act’s Copyright Conundrum

"Voluntary consensus standards have become an essential but unseen part of everyday life. From ensuring your apartment building’s elevator is safe to enabling your router to get online, privately developed standards greatly impact modern life. A bill quietly percolating in Congress may impact this typically quiet intersection of law, policy, and regulation. The Protecting and Enhancing Public Access to Codes Act (“Pro Codes Act” (H.R. 1631)) permits standards development organizations (SDOs) to retain copyright protection when their standards are incorporated by reference into law, so long as they make a free version of the code available online. I take no position on this legislation and acknowledge the thoughtful arguments on both sides of this debate. I instead write to highlight how this below-the-radar legislation raises interesting and unintended intellectual property and takings issues with potentially far-reaching consequences.

The key players here are SDOs—typically private groups of industry experts who draft technical standards. Given the expertise that goes into drafting these standards, local, state, and federal governments often incorporate them into regulations by reference. Often, SDOs do not write standards for government use; many standards are authored for private sector guidance. Many SDOs derive significant revenues from licensing or selling copies of the standards. For example, many standards are only available for private viewing behind paywalls. However, government agencies may incorporate these same standards into regulations without the SDOs’ knowledge or consent. This creates tension between SDOs’ understandable wish to be compensated for the fruits of their labor and the regulated public’s need for open access to these standards.

SDOs also face uncertainty about whether the government edicts doctrine—which denies copyright protection to works created by government officials—extends to private entities’ work when it is incorporated into government regulations. At least some cases suggest it may. As the D.C. Circuit stated in American Society for Testing and Materials v. Public.Resource.Org, legal text “falls plainly outside the realm of copyright protection.”

On the surface, the Pro Codes Act aims to strike a fair balance between competing concerns over fair compensation and public access."