Artificial Intelligence & U.S. 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, and remain the global
technological leader.
U.S. Copyright Law Fuels AI Innovation and Creativity
Copyright law strikes a careful balance between protecting intellectual property rights and enabling transformative uses. By promoting “the progress of science and useful arts,” copyright law fuels innovation and the development of new technologies, helping to ensure the U.S. remains a global leader in the age of AI.
Access to data is critical for AI advances:
Large-scale AI models must be trained on large amounts of data. Access to broad and varied data — including publicly available materials online — enables the development of accurate, responsible, and unbiased AI.
Training AI models is a fair use
Innovation in AI thrives on the ability of large language models (LLMs) to learn from a broad range of publicly available content. Fair use is crucial to this process, allowing developers to assemble the building blocks that drive AI advancements.
Understanding the fair use doctrine
Fair use allows for transformative uses of copyrighted works that don’t substitute for the original works. This can include making copies without permission, as long as the use is transformative and non-substitutional.
New requirements would undermine copyright’s purpose
U.S. copyright law already provides a robust framework for training on publicly available materials. Government-mandated licensing requirements will upend the existing 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.
The Purpose of U.S. Copyright Law
American Leadership in AI Innovation
AI Innovation and the U.S. Economy
Copyright and Protections for Creators
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, scientific breakthroughs, jobs, and efficiencies it creates. To unlock this potential, however, AI models must be free to evolve, requiring access to 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
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
Existing U.S. Copyright Law Supports Innovation
AI will benefit consumers and boost businesses — particularly start-ups and entrepreneurs — if the full potential of the technology is allowed to progress.
Barriers for startups
Tech startups also rely on access to publicly available data to train their models, and installing new barriers could hinder their ability to participate in the AI economy.
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.
The flexible and balanced copyright law regime in the U.S. has been key to American success in innovation in emerging technologies like AI. The U.S. leads the way in AI development in large part due to the fair use right.
Computer & Communications Industry Association (CCIA), in public comment to U.S. Copyright Office
Existing U.S. Copyright Law Promotes Global Competitiveness
The United States is poised to remain a global leader in AI, thanks to the doctrine of fair use. Upholding exceptions and limitations to copyright protections are crucial for driving innovation and advancing AI development.
Maintaining U.S. leadership in AI
The U.S. must preserve its competitive edge and prevent other nations from establishing 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
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AI Progress is an advocacy coalition dedicated to the responsible technological development of AI tools that can be harnessed appropriately to provide important benefits to education, healthcare, transportation, public safety, and social services, among others.
