Internet Archive Submits Comments on Copyright and Artificial Intelligence

Nov 22, 2023 ·

The Internet Archive submitted comments to the United States Copyright Office on October 30th, 2023. The comments focused on copyright law and the use of artificial intelligence (AI).

The Internet Archive argued that current copyright laws are insufficient for protecting AI-generated works, as AI can create original content without human authorship. Current copyright laws do not protect against infringement of such works, as they do not recognize a “moral right” of authorship. In addition, the legal uncertainty surrounding these works makes them vulnerable to exploitation and misuse.

The Internet Archive proposed a new copyright framework that would provide legal protection for AI-generated works in order to incentivize creativity and innovation. The framework would offer certain rights to authors of AI-generated works, including the moral right of attribution, recognition of authorship, and control over derivative works.

In addition, the framework would recognize that automated machine learning algorithms should be treated as potential authors. The framework would also help ensure that authors of AI-generated works have access to appropriate compensation and legal recourse in the event of infringement. The framework would additionally provide guidance for determining when permission is required prior to using an AI-generated work.

Overall, the Internet Archive's proposed framework seeks to bring clarity to copyright protections for AI-generated works. It would both help protect authors from infringement and encourage innovative uses of AI technology. The framework also serves as an important reminder that every creator has the right to be recognized and compensated for their creative works, regardless of whether they are created by humans or machines.