Copyright Office issues notice of inquiry on copyright and artificial intelligence

Published on: 09/05/2023 15:11 PM


Copyright Alert

US Patent and Trademark Office

U.S. Copyright Office issues notice of inquiry on copyright and artificial intelligence

The U.S. Copyright Office recently issued a notice of inquiry (NOI) in the Federal Register on copyright and artificial intelligence (AI). The Office is undertaking a study of the copyright law and policy issues raised by generative AI and is assessing whether legislative or regulatory steps are warranted. The Office will use the record it assembles to advise Congress; inform its regulatory work; and offer information and resources to the public, courts, and other government entities considering these issues.

The NOI seeks factual information and views on a number of copyright issues raised by recent advances in generative AI. These issues include the use of copyrighted works to train AI models, the appropriate levels of transparency and disclosure with respect to the use of copyrighted works, the legal status of AI-generated outputs, and the appropriate treatment of AI-generated outputs that mimic personal attributes of human artists.

“As the Administration’s intellectual property advisor, the United States Patent and Trademark Office (USPTO) is happy to assist the Copyright Office in their important notice of inquiry to gather public input and feedback on issues related to AI and copyright," said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. "This feedback will help shape future copyright law and policy.”

Initial written comments are due by 11:59 p.m. ET on October 18. Reply comments are due by 11:59 p.m. ET on November 15. Instructions for submitting comments are available on the Office’s website. Commenters may choose which and how many questions to respond to in the NOI.

To learn about the USPTO’s cooperative efforts with the AI and emerging technology (ET) community and upcoming events, visit our AI/ET Partnership page.


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