Friday’s Endnotes – 11/01/24

US Copyright Office Response to October 25, 2024 Committee on House Administration Letter Regarding Initiative on Copyright and Artificial Intelligence — “While our self-imposed, ambitious timelines have shifted by a few months, due in part to competing statutory and judicial deadlines, we are well along in the process of producing the rest of the report. Our current goal is still to complete the other two parts by the end of 2024. However, given the complexities of the issues involved and the important public interest, we must prioritize the quality and soundness of our analysis over strict adherence to the target dates that we set. We will keep the Committee informed of any further timing adjustments.”

What Intellectual Property Policy Should Look Like in the Age of AI — “As we near the end of 2024, policy discussions about AI and IP should prioritize the rights of creators and innovators while upholding the principles that have long governed our IP system.”

Turn the Bill Around: Is 2024 a Turning Point for Copyright? — “Over the last decade, South Africa, India, and Mexico each introduced a series of legislative proposals, with varying effects on the copyright community. After years of sitting stagnant, summer 2024 brought movement on all three fronts.”

Infringing AI: Liability for AI-generated outputs under international, EU, and UK copyright law — “Empirical research shows that large generative AI models may memorize training data which may include or consist of copyright-protected works and other protected subject-matter, or parts thereof. When prompted appropriately, these models may produce outputs that closely resemble such works and other subject-matter.”

Geoblocking measures sufficient to prevent a “communication to the public”? The CJEU gets a second chance — “The central issue for the Dutch Supreme Court is whether the making available of the works by Stichting et al on a Belgian website, even if geoblocked, still constitutes a communication to the public in the Netherlands, given that users can circumvent this geoblocking measure by using a virtual private network (VPN) or similar service.”