The rapid advancement of artificial intelligence (AI) and its integration into everyday use in modern society has brought to the forefront a multitude of complex issues, especially those concerning copyright law. The relationship between AI and copyright protection is still being unraveled, with the most recent advancements coming by way of (1) the U.S. Copyright Office’s March 15, 2023 guidance indicating works generated with the aid of AI may be eligible for copyright protection so long as the work involves sufficient human authorship and (2) the United States District Court for the District of Columbia’s August 18, 2023 decision in Thaler v. Perlmutter to uphold a finding from the U.S. Copyright Office emphasizing that works authored solely by AI are not eligible for protection under existing copyright laws.
In light of the Thaler decision, the U.S. Copyright Office issued a notice of inquiry (the “Notice”) on August 30, 2023—thereby inviting the public to comment on issues that can be found at the intersection of copyright and AI, such as “the use of copyrighted works to train AI models, the appropriate levels of transparency and disclosure with respect to the use of copyrighted works, and the legal status of AI-generated outputs.” Written comments in response to the Notice are due by 11:59 PM on October 18, 2023, with written reply comments acceptable until 11:59 PM on November 15, 2023.