The recent developments at the US Copyright Office have sent shockwaves through the creative industries, raising serious concerns about the future of intellectual property rights and the creative landscape. Two major events have unfolded that demand immediate attention from creators in the music, film, and book industries.
1. US Copyright Office AI Report: A Double-Edged Sword
The US Copyright Office has released a pre-publication version of its highly anticipated report on AI and fair use. This report, the third part of a comprehensive AI study, examines the legal implications of using copyrighted works to train generative AI models.
Key findings and implications:
a) Fair Use and Market Impact: The report introduces an expansive interpretation of the fourth fair use factor, identifying three categories of potential market harm caused by generative AI training:
Lost licensing opportunities
Lost sales
Market dilution
b) Human Authorship: The report reiterates the Copyright Office's stance on the necessity of human authorship for copyright protection. Works entirely generated by AI are not copyrightable, while those involving human creativity in conjunction with AI tools may be eligible for protection.
c) Prompts and Copyrightability: The mere use of prompts, even if detailed, does not yield copyrightable work. This position challenges the notion that extensive prompt engineering could be a basis for copyright claims. For a more thorough analysis of the report, I recommend reading this article at Copyright Lately by Aaron Moss: (Click HERE).
2. Leadership Shakeup: A Threat to Copyright Stability
In a sudden and unprecedented move, for reasons that seem sinister, the Trump administration has fired both Dr. Carla Hayden, the Librarian of Congress, and Shira Perlmutter, the Register of Copyrights and Director of the U.S. Copyright Office.
Implications for creators:
a) Policy Uncertainty: The abrupt removal of these key figures introduces significant uncertainty regarding the future direction of copyright policy and enforcement.
b) Potential Policy Shifts: There are concerns that these firings may lead to a reversal or modification of recent copyright policies, particularly those related to AI and creative works.
c) Disruption of Ongoing Initiatives: The leadership change may disrupt or delay important copyright initiatives and studies, potentially affecting creators' rights and protections.
Short-term and Long-term Consequences:
Short-term:
Increased uncertainty in copyright registration and enforcement processes
Potential delays in addressing emerging copyright issues, particularly those related to AI
Confusion among creators about the status of recent copyright guidance and policies
Long-term:
Possible shifts in copyright policy that could fundamentally alter the landscape for creators
Potential weakening of copyright protections if new leadership adopts more lenient policies towards AI-generated content
Uncertainty in international copyright negotiations and agreements
Call to Action for Creators:
Stay Informed: Regularly check updates from reputable copyright law sources and industry associations.
Document Your Creative Process: In light of the emphasis on human authorship, maintain detailed records of your creative process, especially when using AI tools.
Review Contracts: Ensure your contracts address potential AI-related copyright issues and include provisions for protecting your work from unauthorized AI training.
Advocate: Join or support organizations that advocate for creators' rights, such as:
The Creators Guild of America (https://creatorsguildofamerica.org/)
The Authors Guild (https://www.authorsguild.org/)
The Digital Creators Coalition (https://www.digitalcreatorscoalition.org/)
The Recording Academy (https://www.grammy.com/recording-academy)
The Directors Guild of America (https://www.dga.org/)
Engage with Policymakers: Write to your representatives expressing your concerns about copyright protection in the age of AI.
Collaborate and Share Knowledge: Engage with fellow creators to share experiences and strategies for navigating these changes.
The creative landscape is at a critical juncture. As creators, your voices and actions are crucial in shaping the future of copyright law and ensuring that your rights are protected in this rapidly evolving digital age. Stay vigilant, stay informed, and most importantly, continue creating while advocating for your rights.
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