The U.S. Copyright Office has issued a notice of inquiry (NOI) on copyright law and policy issues related to generative artificial intelligence (AI). The notice comes in the wake of the D.C. Circuit’s ruling in the Thaler vs. Perlmutter case. The inquiry indicates the Office’s intention to study the impact of AI on copyright protection and is seeking public comments from stakeholders with vested interest in the matter. More details can be found in the official issue of the notice.
The aforementioned legal case, Thaler vs. Perlmutter, upheld the Office’s denial of an application for protection of visual AI-generated artwork. The grounds for refusal were that the artwork “lacked the necessary human authorship.” This decision and the new NOI issued by the U.S. Copyright Office signals a growing need for analysis and potential adaption of laws and policies in the context of advancements in AI.
Given these legal trends, it is becoming increasingly important for legal professionals, especially those working in IP and technology law practices, to familiarize themselves with new developments in the intersection of AI and copyright law. Responses to the Copyright Office’s NOI from various stakeholders will shed light on the extent of current thoughts and future considerations in this evolving legal area.