On March 16, 2023, the U. S. Copyright Office (USCO) launched a new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated using AI tools and using copyrighted materials in AI training. According to the USCO: “This initiative is in direct response to the recent striking advances in generative AI technologies and their rapidly growing use by individuals and businesses.” It is also a response to requests from Congress and the public.

As part of this AI Initiative, the USCO will be holding public listening sessions:

• April 19, 2023 – Literary Works Listening Session

• May 2, 2023 – Visual Arts Listening Session

• May 17, 2023 – Audiovisual Works Listening Session

• May 31, 2023 – Music and Sound Recordings Listening Session

Additionally, the USCO issued guidance covering copyrightability and registration issues raised by works produced by or with generative AI. A summary of this guidance is here.

To facilitate a better understanding of the relevant issues and some of the Copyright Office’s history with AI, I have prepared the Copyright Office Artificial Intelligence Initiative Resource Guide. The Guide covers the following topics and includes links to the relevant materials:

• The USCO Artificial Intelligence Initiative

• Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence

• Recent USCO Actions on Applications with Generative AI Materials

• Past Activity by the USCO on AI

• Some Recent Litigations Involving Generative AI

• An Overview of Some Generative AI Legal Issues

The Guide provides a convenient collection of relevant materials in one document for your convenience.

We are also planning a webinar on legal issues with Generative AI, generating employee guidance on the use of AI and dealing with contractors that produce content for you. A date and details for the webinar are being finalized.

Please email Jim Gatto (with the words “AI Guide” in the subject) for a copy of the Guide and/or if you are interested in the webinar details.