Copyright Office Receives Mixed Feedback on AI Fair Use Inquiry

Forcing domestic AI companies to share datasets could handicap U.S. companies and encourage AI development abroad, TechNet said in comments to the Copyright Office this week. The Copyright Office is studying policy issues related to AI technology to determine whether legislative or regulatory action is needed. The CO requested comments on the use of copyrighted works in AI training models, “appropriate levels of transparency and disclosure with respect to the use of copyrighted works.” Comments are due Nov. 29. “Forcing AI companies to disclose the contents of these datasets would, in effect, force the publication of valuable and otherwise confidential commercial secrets,” said TechNet. This would help foreign competitors that aren’t subject to the same requirements, said TechNet. The Copyright Alliance, which represents individual creators, called for “appropriate transparency and record keeping” in its own comments. The Alliance said publicly available databases are essential for artists to determine whether their licensed work has been used by AI systems and to getting compensation. “Adequate and appropriate transparency and record-keeping benefit[] both copyright owners and AI developers in resolving questions regarding infringement, fair use, and compliance with licensing terms,” the alliance said.