Conclusion of Copyright Office’s Report on Artificial Intelligence Delayed Until 2025; The National Law Review, December 19, 2024

 Daniel J. Lass of Robinson & Cole LLP , The National Law Review; Conclusion of Copyright Office’s Report on Artificial Intelligence Delayed Until 2025

"This week, Director Shira Perlmutter indicated that the publication of part two of the U.S. Copyright Office’s three-part report on copyright issues raised by artificial intelligence (AI) would be further delayed. In her letter to the ranking members of the Senate Subcommittee on Intellectual Property and the House Subcommittee on Courts, Intellectual Property, and the Internet, Director Perlmutter indicated that although substantial progress had been made, the Office will not publish part two by the end of 2024 and now expects publication to occur in early 2025.

Part two of the report will describe the copyrightability of generative AI outputs and will build on part one of the report on digital replicas. Following the publication of part two, Director Perlmutter indicated that the third and final part would be published in the first quarter of 2025. Part three will relate to “analyzing the legal issues related to the ingestion of copyrighted works to train AI models, including licensing considerations and the allocation of potential liability.”"

Perlmutter Says Copyright Office Is Still Working to Meet ‘Ambitious Deadline’ for AI Report; IPWatchdog, November 14, 2024

 EILEEN MCDERMOTT , IPWatchdog; Perlmutter Says Copyright Office Is Still Working to Meet ‘Ambitious Deadline’ for AI Report

"Asked by Subcommittee Chair Chris Coons (D-DE) what keeps her up at night when it comes to the AI issue, Perlmutter said “the speed at which this is all developing.” In September during IPWatchdog LIVE 2024, Perlmutter told LIVE attendees that while she’s confident the issues around copyright and AI will eventually be solved, she’s “less comfortable about what it means for humankind.”

Perlmutter recently came under fire from Committee on House Administration Chairman Bryan Steil (R-WI), who sent a letter On Tuesday, October 29, to the Office asking for an update on the AI report, which Steil charged is no longer on track to be published by its stated target dates. Steil’s letter asked the Office to explain the delay in issuance of parts two and three, which Register of Copyrights Shira Perlmutter indicated in an oversight hearing by the Committee on House Administration would be published before the end of the summer and in the fall, respectively. “The importance of these reports cannot be overstated,” Steil wrote, explaining that copyright owners are relying on the Office to provide clear guidance. “The absence of these reports creates uncertainty for industries that are already grappling with AI-related challenges and hinders lawmakers’ ability to craft effective policy,” the letter added.

Perlmutter commented in the hearing that “we’ve been trying to set and follow our own ambitious deadlines” and the goal remains to get the rest of the report out by the end of the year, but that her key concern is to be “accurate and thoughtful.”

The forthcoming reports will include recommendations on how to deal with copyrightability of materials created using GAI and the legal implications of training on copyrighted works. The latter is most controversial and may in fact require additional legislation focusing on transparency requirements."

You Can Create Award-Winning Art With AI. Can You Copyright It?; Bloomberg Law, June 5, 2024

 Matthew S. Schwartz, Bloomberg Law; You Can Create Award-Winning Art With AI. Can You Copyright It?

"We delved into the controversy surrounding the use of copyrighted material in training AI systems in our first two episodes of this season. Now we shift our focus to the output. Who owns artwork created using artificial intelligence? Should our legal system redefine what constitutes authorship? Or, as AI promises to redefine how we create, will the government cling to historical notions of authorship?

Guests:

• Jason M. Allen, founder of Art Incarnate
• Sy Damle, partner in the copyright litigation group at Latham & Watkins
• Shira Perlmutter, Register of Copyrights and director of the US Copyright Office"

The Sleepy Copyright Office in the Middle of a High-Stakes Clash Over A.I.; The New York Times, January 25, 2024

  Cecilia Kang, The New York Times; The Sleepy Copyright Office in the Middle of a High-Stakes Clash Over A.I.

"For decades, the Copyright Office has been a small and sleepy office within the Library of Congress. Each year, the agency’s 450 employees register roughly half a million copyrights, the ownership rights for creative works, based on a two-centuries-old law.

In recent months, however, the office has suddenly found itself in the spotlight. Lobbyists for Microsoft, Google, and the music and news industries have asked to meet with Shira Perlmutter, the register of copyrights, and her staff. Thousands of artists, musicians and tech executives have written to the agency, and hundreds have asked to speak at listening sessions hosted by the office.

The attention stems from a first-of-its-kind review of copyright law that the Copyright Office is conducting in the age of artificial intelligence. The technology — which feeds off creative content — has upended traditional norms around copyright, which gives owners of books, movies and music the exclusive ability to distribute and copy their works.

The agency plans to put out three reports this year revealing its position on copyright law in relation to A.I. The reports are set to be hugely consequential, weighing heavily in courts as well as with lawmakers and regulators."