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HR496: Clarifying Artificial Intelligence and Copyright

Impact on Libraries

A bit unusual, as this is a Resolution, and not a bill, but it is indicative of trends for lawmakers to respond to the rise in generative artificial intelligence.

From the memo: “Artificial intelligence (AI) has ballooned in capabilities at an alarming rate. This explosion of technology has led to innumerable calls for regulation, often from the AI companies themselves. Thus far, very little has been done to address the myriad issues raised by the rapid development and adoption of the technology.
This technology is radically shifting every aspect of our society. We must update our laws to reflect this new frontier. Of particular concern are the copyright ramifications of AI-generated work. Can it be copyrighted? If it’s trained on copyrighted works, is that itself copyright infringement? Quite simply, we don’t know, and Congress is the only body with the power to change copyright law.
And so, I plan to introduce a resolution calling on Congress to amend the copyright law to clarify that works generated by machine are not copyrightable, that only works made in majority part by human hand can be copyrighted, and that “scraping” copyrighted works for the purposes of training AI is intrinsically not covered under Fair Use, and therefore, the creator of the work must be compensated.|
With every passing day, more companies are building businesses upon AI generated content, and they desperately need clarification regarding rights and potential liabilities. The courts cannot be relied upon to resolve these questions quickly or correctly. Therefore, Congress needs to give the necessary guidance.

Bill Information

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  • Introduced in the House, July 10, 2024