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 Copyright and Artificial Intelligence

 Copyright and Artificial Intelligence

 Since launching an initiative in early 2023, the Copyright Office has been examining the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in AI-generated works and the use of copyrighted materials in AI training. After hosting public listening sessions and webinars, the Office published a notice of inquiry in the Federal Register in August 2023, which received over 10,000 comments by December 2023. 

 The Office is issuing a Report in several Parts analyzing the issues, which will be published as they are completed and linked below.

 Report on Copyright and Artificial Intelligence

 Copyright and Artificial Intelligence analyzes copyright law and policy issues raised by artificial intelligence (AI). This Report is being issued in several Parts. Part 1 was published on July 31, 2024, and addresses the topic of digital replicas. Part 2 was published on January 29, 2025, and addresses the copyrightability of outputs created using generative AI. On May 9, 2025, the Office released a pre-publication version of Part 3 in response to congressional inquiries and expressions of interest from stakeholders. A final version of Part 3 will be published in the future, without any substantive changes expected in the analysis or conclusions. 

 Part 1: Digital Replicas 

 Part 2: Copyrightability 

 Part 3: Generative AI Training

 (Pre-publication) 

 Announcements 

 January 29, 2025 - Copyright Office Releases Part 2 of Artificial Intelligence Report 

 July 31, 2024 - Copyright Office Releases Part 1 of Artificial Intelligence Report, Recommends Federal Digital Replica Law 

 November 15, 2023 - U.S. Copyright Office Extends Deadline for Reply Comments on Artificial Intelligence Notice of Inquiry 

 August 30, 2023 - Copyright Office Issues Notice of Inquiry on Copyright and Artificial Intelligence 

 March 16, 2023 - Copyright Office Launches New Artificial Intelligence Initiative 

 Past Events 

 July 26, 2023 – International Copyright Issues and Artificial Intelligence (recording available) 

 June 28, 2023 – Registration Guidance for Works Containing AI-Generated Content (recording available) 

 May 31, 2023 – Music and Sound Recordings Listening Session (recording available) 

 May 17, 2023 – Audiovisual Works Listening Session (recording available) 

 May 2, 2023 – Visual Arts Listening Session (recording available) 

 April 19, 2023 – Literary Works, Including Software Listening Session (recording available) 

 Fall 2021 – Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going? 

 Winter 2020 – Copyright in the Age of Artificial Intelligence 

 Blog Posts 

 Winter 2025 – Inside the Copyright Office's Report, Copyright and Artificial Intelligence, Part 2: Copyrightability 

 Summer 2024 – Inside the Copyright Office's Report, "Copyright and Artificial Intelligence, Part 1: Digital Replicas 

 Winter 2024 – Looking Forward: The U.S. Copyright Office's AI Initiative in 2024 

 Summer 2023 – Our Summer of Artificial Intelligence: Copyright Office Hosts Two Webinars on Copyright and AI 

 Summer 2023 – #ICYMI: The Copyright Office Hears from Stakeholders on Important Issues with AI and Copyright 

 Fall 2021 – Artificial Intelligence: The Copyright Connection 

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 Copyright Registration Guidance for Works Containing AI-Generated Materials

 Read Policy Statement 

 Federal Register Version, 88 Fed. Reg. 16,190 (Mar. 16, 2023) 

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 Artificial Intelligence Study

 Artificial Intelligence Study Webpage 

 Notice of Inquiry 

 NOI Federal Register Version, 88 Fed. Reg. 59,942 (Aug. 30, 2023) 

 Registration Decisions for 

 AI-Generated Materials 
 Review Board decision on SURYAST (December 11, 2023) Review Board Decision on Théâtre D'opéra Spatial (Sept. 5, 2023) Registration Decision on Zarya of the Dawn (Feb. 21, 2023) Review Board Decision on A Recent Entrance to Paradise (Feb. 14, 2022) 

 Allen v. Perlmutter 
 U.S. Reply Brief and Response in Support of Cross-Motion for Summary Judgment 

 Thaler v. Perlmutter 
 U.S. Reply Brief and Cross-Motion for Summary Judgment U.S. Reply Brief in Support of Summary Judgment District Court Decision Affirming Refusal of Registration U.S. Brief Before the D.C. Circuit Court of Appeals Court of Appeals Decision Affirming Refusal of Registration Court of Appeals Order Denying Panel Rehearing Court of Appeals Order Denying Panel Rehearing En Banc U.S. Brief in Opposition to the Petition for a Writ of Certiorari 

 Statements to Congress 
 USCO Letter to Congress Providing Updates on its Artificial Intelligence Initiative (December 16, 2024) USCO Letter to Congress Providing Updates on its Artificial Intelligence Initiative (October 30, 2024) USCO Letter to Congress Providing Updates on its Artificial Intelligence Initiative (February 23, 2024) Response to May 1, 2023 Letter Regarding Use of Artificial Intelligence-Generated Response of the USPTO and USCO to an October 27, 2022 Letter Requesting the Joint Establishment of a National Commission on Artificial Intelligence 

 Related Resources 
 Compendium of U.S. Copyright Office Practices, Third Edition USCO Comment to NTIA on AI Accountability USCO Guidance Letter to The MLC USPTO on Artificial Intelligence WIPO on Artificial Intelligence Impact of Artificial Intelligence on IP Policy 

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