As we advocate for policies that promote and preserve the value of copyright and protect the rights of creators and copyright owners, the Copyright Alliance regularly files comments with the U.S. Copyright Office and government agencies on different copyright policies studies and regulations. When we file comments, we encourage strong and effective copyright protections that will benefit the creative community and the copyright system more generally. When necessary, the Copyright Alliance conducts surveys of our creator members in order to collect data on important copyright issues. Some examples of comments we have filed with the U.S. Copyright Office and other government agencies include, but are not limited to, State Sovereign Immunity, Registration Modernization, Online Publication, Artificial Intelligence, and the Digital Millennium Copyright Act (DMCA).
September 6, 2024
Public Consultation on Copyright and Artificial Intelligence (2024)
CEDB and IPD of Hong Kong
Summary:
On September 6, the Copyright Alliance submitted comments in response to the Commerce and Economic Development Bureau (CEDB) and Intellectual Property Department (IPD) of Hong Kong in response to the Public Consultation on Copyright and Artificial Intelligence (2024) (“Consultation”), specifically concerning Chapter 4 of the Consultation and the proposal for a tailored exception for text and data mining (“Proposed TDM Exception”). The comments highlight that the Proposed TDM Exception undermines the fundamental rights of creators and copyright owners, potentially violates international IP obligations, and runs counter to other countries’ approaches to AI, including the United States.
April 1, 2024
Group Registration of Two-Dimensional Artworks
U.S. Copyright Office
Summary:
On April 1, the Copyright Alliance submitted comments in response to the U.S. Copyright Office’s notice of proposed rulemaking regarding the creation of a new Group Registration for Two-Dimensional Artwork (GR2D). The comments detail serious concerns with the NPRM, requesting the Office to address these issues for the group registration option before implementing the rule, including discussion on registration examiner actions and correspondence, the rule’s ten-work limit, and the thirty-day time period, among other issues. The comments also raise concerns surrounding the Office’s registration modernization process.
February 20, 2024
Group Registration of Updates to a News Website
U.S. Copyright Office
Summary:
On February 20, the Copyright Alliance submitted comments in response to the U.S. Copyright Office’s notice of proposed rulemaking (NPRM) regarding the creation of a new group registration option for frequently updated news websites. The comments applauded the Copyright Office for enacting the rule, suggested changes to enable greater flexibility for news media publishers to register news content, and urged the Office to update its discussion on statutory damages to acknowledge the independent economic value test.
February 2, 2024
Petition for Right-to-Repair Rulemaking
Federal Trade Commission
Summary:
The Copyright Alliance submitted comments in response to a request for comments published by the Federal Trade Commission (FTC) on January 3, 2024, regarding the Commission’s receipt of a petition from the U.S. Public Interest Research Group Education Fund (PIRG) and iFixit requesting the Commission “initiate a rulemaking to protect consumers’ right to repair products they have purchased.” The comments highlight the successful application of section 1201 and the triennial rulemaking process and caution against any agency actions that would disrupt copyright law or override the authority of the Copyright Office.
December 6, 2023
Artificial Intelligence and Copyright (Reply Comments)
U.S. Copyright Office
Summary:
The Copyright Alliance submitted reply comments in response to the Copyright Office’s notice of inquiry and request for comments on Artificial Intelligence and Copyright. The comments respond to many arguments made in the initial comment period, including those that claim case law supports a categorical fair use exception for generative AI training and that AI ingestion only involves the copying of non-protectable elements. The reply comments also stress that licensing for AI ingestion is possible, different AI models raise unique issues that require specific analysis, and AI companies are not immune from secondary liability under “Sony Safe Harbor.”
October 30, 2023
Artificial Intelligence and Copyright
U.S. Copyright Office
Summary:
The Copyright Alliance submitted comments in response to the Copyright Office’s notice of inquiry and request for comments on Artificial Intelligence and Copyright. The comments address a range of issues at the intersection of copyright and generative artificial intelligence, including the need for labeling, recordkeeping, and transparency and concerns surrounding infringement related to the unauthorized use of copyrighted works for training.
October 2, 2023
Access to Electronic Works
U.S. Copyright Office
Summary:
Copyright Alliance submitted comments in response to the U.S. Copyright Office’s notice of proposed rulemaking regarding updates to the regulations governing access to electronic deposits of published works submitted to the Office that have been selected for addition to the collections of the Library of Congress regarding updates to the regulations governing access to electronic deposits of published works submitted to the Office that have been selected for addition to the collections of the Library of Congress. The comments point out that the rulemaking is premature and that commensurate with the gravity of the issues introduced by the expansive scope of the proposed rule, further examinations of, critical updates to, and consultations on the registration and deposit systems and the Library’s security systems, programs, and practices are paramount.
August 23, 2023
Future Strategies in Anticounterfeiting and Antipiracy
U.S. Patent and Trademark Office
Summary:
The Copyright Alliance submitted comments in response to the U.S. Patent and Trademark Office’s (USPTO) request for public comments on Future Strategies in Anticounterfeiting and Antipiracy. The comments address a range of copyright piracy issues, including the need for better education for consumers, the ineffectiveness of certain provisions of the DMCA, and the need for the adoption of site-blocking mechanisms in the U.S.
August 11, 2023
Advancing Inclusive, Worker-Created Trade Policy
U.S. Trade Representative
Summary:
The Copyright Alliance and the Institute for Intellectual Property and Social Justice (IIPSJ) filed comments in response to the request for comments (RFC) published by the Office of the U.S. Trade Representative (USTR) in the Federal Register on June 12, 2023, regarding how trade and investment policy may be designed to expand the benefits of trade to include underserved and marginalized communities here in the United States and with trading partners who share concerns about rising inequality.
July 7, 2023
Request for Information; National Priorities for Artificial Intelligence
Office of Science and Technology Policy
Summary:
The Copyright Alliance filed comments in response to the request for information (RFI) published by the Office of Science and Technology Policy (OSTP) in the Federal Register on May 26, 2023, requesting comments to help OSTP update U.S. national priorities and future actions on artificial intelligence (AI). The comments focus on issues related to protecting the rights of creators and copyright owners and promoting economic growth.