Artificial Intelligence and Copyright (Reply Comments)

Post publish date: December 6, 2023

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.”