Emilia David:

The US Copyright Office is opening a public comment period around AI and copyright issues beginning August 30th as the agency figures out how to approach the subject. 

As announced in the Federal Register, the agency wants to answer three main questions: how AI models should use copyrighted data in training; whether AI-generated material can be copyrighted even without a human involved; and how copyright liability would work with AI. It also wants comments around AI possibly violating publicity rights but noted these are not technically copyright issues. The Copyright Office said if AI does mimic voices, likenesses, or art styles, it may impact state-mandated rules around publicity and unfair competition laws. 

Written comments are due on October 18th, and replies must be submitted to the Copyright Office by November 15th. 

The copyright status of AI training data and the output of generative AI tools has become a hot topic for politicians, artists, authors, and even civil rights groups, making it a potential testing ground for coming AI regulation. The Copyright Office says that “over the past several years, the Office has begun to receive applications to register works containing AI-generated material.” It may use the comments to inform how it decides to grant copyright in the future.