Artificial Intelligence (AI) and Copyright
Artificial Intelligence (AI) is being used to generate works of visual art, musical works, written works, fashion, and so much more. The growing usage of AI makes it essential to actively examine how it impacts creators and copyright law.
The Copyright Alliance supports the responsible and ethical development and use of artificial intelligence (AI) technologies and a thriving and robust AI economy. The continuing development of AI systems represents a profound achievement of the digital age that brings with it tremendous opportunities as well as numerous copyright-related challenges that everyone should be aware of.
This webpage is designed as a source of information on the responsible development and use of AI technologies as they relate to copyright, and it includes a wealth of information—including blogs and articles, U.S. Copyright Office policies and updates, a registration link for our AI Copyright Alert, industry events, information on AI and fair use, and much more. Please check back often as we will continue to update our AI and Copyright webpage as new developments continue to occur.
Copyright Alliance Resources on Copyright and AI
The Copyright Alliance has submitted written comments on, and spoken about, AI and copyright issues to creators and copyright owners in addition to policymakers. Below are some of the Copyright Alliance’s activities regarding AI and copyright.
AI Position Paper
The Copyright Alliance published an Artificial Intelligence position paper that explains our views on several of the most prominent copyright-related issues related to AI.
AI Agency and Regulatory Submissions
- Comments to the U.K. Parliament House of Commons Science and Technology Committee (November 23, 2022)
- Comments to the International Trade Administration on Artificial Intelligence Export Competitiveness (October 17, 2022)
- Comments to the U.S. Patent and Trademark Office for Artificial Intelligence Innovation (January 10, 2020)
AI and Copyright Law Videos
- Exploring the Impact of Copyrightability When Creating New Works Through AI (March 14, 2023; Co-hosted with the Copyright Society)
Register for Our AI Copyright Alert
The Copyright Alliance launched an Artificial Intelligence (AI) Copyright Alert to keep everyone apprised of important copyright-related AI news and events. Sign up to receive AI Copyright Alerts, which are sent straight to your inbox as news happens.
U.S. Copyright Office Resources on Copyright and AI
On March 16, 2023, the U.S. Copyright Office launched an initiative to examine the impact of AI technology on copyright law and policy issues, including the scope of copyright in works generated using AI tools and the use of copyrighted materials for the purpose of AI ingestion. After convening public listening sessions during the first half of 2023 to gather information about current technologies and their impact on copyright, the Office will publish a notice of inquiry in the Federal Register to further examine AI copyright issues.
AI and Copyright Listening Events Hosted by the U.S. Copyright Office
- April 19, 2023 – Literary Works, Including Software Listening Session; the agenda, including a list of speakers.
- May 2, 2023 – Visual Arts Listening Session
- May 17, 2023 – Audiovisual Works Listening Session
- May 31, 2023 – Music and Sound Recordings Listening Session
Federal Court AI Cases Involving Copyright Claims
| Case | Court | Subject Matter |
|---|---|---|
| Thaler v. Perlmutter | District of Columbia | Copyrightability |
| Anderson v. Stability AI | Northern District of California | Infringement |
| Doe v. GitHub | Northern District of California | Infringement |
| Getty Images v. Stability AI | District of Delaware | Infringement |
| Planner 5D v. Facebook | Northern District of California | Infringement |
| Thomson Reuters Enterprise v. Ross Intelligence Inc. | District of Delaware | Infringement |
AI and Copyright-related Blogs
AI Copyright Cases
- Current AI Copyright Cases – Part 1 (Copyright Alliance)
- Current AI Copyright Cases – Part 2 (Copyright Alliance)
- Thaler Suit Against Copyright Office Asks for Analog Reading of Statute (Illusion of More)
- You Can’t Compare Apples to Oranges – So AI Artist Compares Fruit to Copyrights (NOVA Southeastern University)
Ingestion: Fair Use, Infringement, and Licensing
- Former Copyright Office GC Warns Against Blanket Assertions That AI Ingestion of Copyrighted Works ‘Is Fair Use’ (Jon Baumgarten)
- How Existing Fair Use Cases Might Apply to AI (Copyright Alliance)
- Does the Use of Copyrighted Works to Train Quality as a Fair Use? (Copyright Alliance)
- Former Copyright Office GC Tells House IP Subcommittee His Counterpart Got It Wrong on AI Fair Use (IPWatchDog)
- Artificial Intelligence Art Is Certainly Fair Use! Umm – Not So Fast (NOVA Southeastern University)
- Why Machine Training AI with Protected Works is Not Fair Use (Illusion of More)
- The Fair Use Tango: A Dangerous Dance with [Re] Generative AI Models (Neil Turkewitz)
- Searching for Global Copyright Laws in all the Wrong Places: An Examination of the Legality of OpenAI’s Data Scraping (Neil Turkewitz)
Copyrightability and Registration of Works Created in Whole or Part Using AI
- Three Takeaways When Registering Your Copyright in an AI-Assisted Work (Copyright Alliance)
- Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much? (Hugh Stephens Blog)
- Copyright Office Clarifies Policies Regarding Copyright for AI-Assisted Works (Sort Of) (NOVA Southeastern University)
AI Accountability and Transparency
- The OECD Report on AI Accountability: It was the best of times, it was the worst of times. Actually, maybe just the worst (Neil Turkewitz)