Thompson Coburn partner Matt Braunel recently discussed the US Copyright Office’s recent report on AI and copyright with World IP Review. The report rejects AI prompts as a basis for copyright, a decision that has drawn both praise for reaffirming human authorship and criticism for being impractical and rigid.
Matt acknowledged the inevitable lag between law and technology but said he believes existing U.S. copyright laws, with their emphasis on human creativity, are “flexible enough” to address AI-related challenges.
By reaffirming the importance of human creativity, he said, the Copyright Office has established “a strong foundation for navigating the complexities of AI-generated works.”
However, Matt emphasized the need for continuous updates to the office’s compendium of practices to maintain the framework’s relevance and effectiveness. “Inexperienced prompters might face challenges in navigating these legal requirements,” he says. “But clear guidelines can help them understand how to comply with copyright laws.”
With the upcoming release of part three of the Copyright Office’s AI guidance, Matt noted that he hopes the report will delve into AI model training and licensing considerations, suggesting that upcoming court decisions may provide further direction. He also suggested the office explore concepts from the 1909 Copyright Act, particularly its flexible approach to determining damages, as potentially useful guidance for current challenges.
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