Under the leadership of Partner Chad Rutkowski and his co-chairs on the ABA’s Copyright and Emerging Tech Committee, the ABA drafted and submitted a comment letter in response to a recent U.S. Copyright Office Notice of Inquiry (NOI) on Artificial Intelligence and Copyright.
Submitted Oct. 30, the letter covered several key points, including:
- A generative AI system alone cannot be considered an author – but the U.S. Copyright Office may be acting “too aggressively in denying registrations for works created in part with AI tools.”
- “It is premature to develop specific legislation to address the issues raised in the Office’s NOI,” but constant monitoring and assessment is warranted.
- Fair use assessment is “highly fact dependent, and the facts regarding AI training are oftentimes either unknown or in flux.”