Artificial Intelligence & Copyright Law
Promoting Innovation & Creativity
Artificial intelligence holds tremendous potential to solve societal
challenges, spark scientific discovery, and create new opportunities.
Harnessing the power of AI will help the U.S. drive innovation, boost
economic growth, strengthen national security, and remain the global
technological leader.
Copyright Law Fuels AI Innovation and Creativity
Existing copyright law protects intellectual property rights and promotes American competitiveness in AI innovation, enabling creativity and technology to flourish. In the age of AI, copyright law’s intent to “promote the progress of science and useful arts” supports technological advancements and innovation, as it always has.
Data critical to AI advances
Large-scale AI models must be trained on massive amounts of publicly available data. Access to such broad and varied data — including copyrighted materials under the “fair use” doctrine — fuels the development of accurate, ethical, and unbiased AI.
Protecting creators’ rights
The fair use doctrine allows for limited use of copyrighted material for purposes such as research and education but does not allow for works to be republished in their entirety without the creator’s permission.
AI modeling is ‘fair use’
Because AI models aren’t reproducing works in full, using copyrighted materials is consistent with copyright law’s objective to encourage learning and innovation. Court rulings have repeatedly reaffirmed this right.
New requirements would
undermine existing law
Current copyright law already provides a stringent and balanced framework for training on publicly accessible copyrighted works. New statutory licensing would upend the entire copyright legal framework, potentially installing barriers to innovation.
We don’t believe new copyright legislation is warranted to address copyright-related issues with generative AI. In particular, we caution against the creation of new rights that would cover uses that currently do not require a license under limitations and exceptions to copyright.
Creative Commons, in public comment to U.S. Copyright Office.
Based on well-established precedent, the ingestion of copyrighted works to create large language models or other AI training databases generally is a fair use. … AI also has the potential to serve as a powerful tool in the hands of artists, enabling them to express their creativity in new and efficient ways, thereby furthering the objectives of the copyright system.
Library Copyright Alliance, in public comment to U.S. Copyright Office
Changes to Copyright Law Could Impede U.S. Economic Progress
AI innovation is expected to become a critical driver of the economy, both through R&D and deployment of the technology as well as the new markets, industries, jobs, and efficiencies it creates. To unlock this potential, however, AI models must be free to evolve, requiring access to more data to deliver high-quality results.
GDP growth acceleration
Research conducted by Goldman Sachs forecasts that AI will start having a measurable impact on U.S. GDP in 2027 and could increase global GDP by 7% each year in the coming decade.
AI Expected to Accelerate U.S. GDP Growth
Source: Goldman Sachs Research
Limiting Access to Data Could Hamper Innovation
AI will benefit consumers and boost businesses — particularly start-ups and entrepreneurs — if the full potential of the technology is allowed to progress.
Transforming diverse industries
Technological advancements typically create entire new industries, businesses, skillsets, and careers, according to Bank of America, which predicts that industries ranging from education and health care to aerospace and information technology will be transformed by AI.
AI can benefit all industry sectors — including content creators — consistent with copyright law. U.S. copyright law is guided by a number of doctrines that have, to date, proven sufficiently flexible to adapt to evolving technologies.
The Software Alliance
New Rules Could Hurt U.S. Competitiveness
Other countries have committed to investing heavily in developing their own AI capabilities. Rules that limit access to training data would be a self-inflicted wound on our own competitiveness and would allow other nations to establish the rules of the road for this transformative and emerging technology
Major global economic shifts
Together, China and North America will account for about 70% of the global economic impact of AI by 2030, with China experiencing the greatest boost, according to PwC, which estimates a 26% gain for China compared to a 15% increase for North America.
AI Will Profoundly Impact GDP Around Globe
