Copyright Office Releases Part 2 of Artificial Intelligence Report; U.S. Copyright Office, Issue No. 1060, January 29, 2025

U.S. Copyright Office, Issue No. 1060; Copyright Office Releases Part 2 of Artificial Intelligence Report

"Today, the U.S. Copyright Office is releasing Part 2 of its Report on the legal and policy issues related to copyright and artificial intelligence (AI). This Part of the Report addresses the copyrightability of outputs created using generative AI. The Office affirms that existing principles of copyright law are flexible enough to apply to this new technology, as they have applied to technological innovations in the past. It concludes that the outputs of generative AI can be protected by copyright only where a human author has determined sufficient expressive elements. This can include situations where a human-authored work is perceptible in an AI output, or a human makes creative arrangements or modifications of the output, but not the mere provision of prompts. The Office confirms that the use of AI to assist in the process of creation or the inclusion of AI-generated material in a larger human-generated work does not bar copyrightability. It also finds that the case has not been made for changes to existing law to provide additional protection for AI-generated outputs.

“After considering the extensive public comments and the current state of technological development, our conclusions turn on the centrality of human creativity to copyright,” said Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office. “Where that creativity is expressed through the use of AI systems, it continues to enjoy protection. Extending protection to material whose expressive elements are determined by a machine, however, would undermine rather than further the constitutional goals of copyright.”

In early 2023, the Copyright Office announced a broad initiative to explore the intersection of copyright and AI. Since then, the Office has issued registration guidance for works incorporating AI-generated content, hosted public listening sessions and webinars, met with experts and stakeholders, published a notice of inquiry seeking input from the public, and reviewed more than 10,000 responsive comments, which served to inform these conclusions.

The Report is being released in three Parts. Part 1 was published on July 31, 2024, and recommended federal legislation to respond to the unauthorized distribution of digital replicas that realistically but falsely depict an individual. The final, forthcoming Part 3 will address the legal implications of training AI models on copyrighted works, including licensing considerations and the allocation of any potential liability.

As announced last year, the Office also plans to supplement its March 2023 registration guidance and update the relevant sections of the Compendium of U.S. Copyright Office Practices.

For more information about the Copyright Office’s AI Initiative, please visit the website."

Libraries in the Time of MOOCs; Educause Review, 11/4/13

Curtis Kendrick and Irene Gashurov, Educause Review; Libraries in the Time of MOOCs: "At the City University of New York Curtis Kendrick is university dean for Libraries and Information Resources and Irene Gashurov is a communications writer and a trained librarian. A wave of disruptive technological changes has hit higher education, forcing us to rethink the way we teach, learn, and provide educational resources. For libraries, the growing reach and sheer numbers of massive open online courses (MOOCs) raise unprecedented challenges and opportunities. As we try to see our role within this new market, it might be worth reflecting on our readiness to operate in the increasingly complex online landscape. Soon, librarians might be asked to provide access to copyrighted, licensed electronic resources for MOOC students around the world. Will we be equipped with the technology to accommodate unprecedented numbers of students inside and outside the university? We will also have to deal with legal issues related to MOOCs, such as intellectual property rights, privacy issues, and state regulations. After exhausting the many ways of saying no to difficult change, perhaps we can find a way to work with all the stakeholders and help shape the rapidly changing MOOC model in concert with our own needs while we still can... Libraries should not miss out on a chance to get involved in the future of MOOCs on campus; as Michalko noted, "At the times that libraries were slow to help, slow to reconfigure their resources, and waited to see what might develop, they lost chances to renew their importance to their home institution." The MOOC frontier offers new opportunities for librarians to provide leadership and guidance in advising administration, faculty, and students about changes in higher education. But first, we must study and analyze the MOOCs landscape so that we can shape the conversation about MOOCs and their successors in a more purposeful and organized way."