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U.S. Copyright Office to Begin Issuing Further AI Guidance in January 2025

Jan 02, 2025 - natlawreview.com
The U.S. Copyright Office is set to issue further guidance on AI-related copyright issues in January 2025, following a delay in releasing Parts 2 and 3 of its report. This report stems from a process initiated in August 2023, seeking input on how AI affects copyright law and related areas like publicity rights. Part 1, released in July 2024, focused on digital replicas and the inadequacy of current laws to address them, recommending federal legislation to protect individuals from unauthorized digital replicas. Parts 2 and 3 will address the copyrightability of AI-generated works and issues related to training data, respectively, with significant implications for content creators and AI developers.

Part 2 will explore the copyrightability of works created with AI assistance, considering whether such works can be attributed to human authorship. Part 3 will tackle the contentious issue of using copyrighted data to train AI models, examining whether this constitutes fair use. The outcome of these discussions could significantly impact the scope of copyright protection and ownership, with high stakes for both creators and AI developers. The Copyright Office's findings will inform potential legislative actions, balancing the promotion of scientific progress with the protection of human creativity.

Key takeaways:

  • The U.S. Copyright Office is set to release further guidance on AI and copyright issues in January 2025, following a delay in the release of Parts 2 and 3 of its report.
  • Part 1 of the report, published in July 2024, focused on digital replicas and recommended federal legislation to protect individuals from unauthorized digital replicas during their lifetime.
  • Part 2 will address the copyrightability of AI-generated works, exploring the distinction between human authorship and machine-generated content.
  • Part 3 will focus on issues related to training data for AI models, including copyright infringement concerns and the debate over fair use in the context of AI training.
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