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Florida Intellectual Property Attorney > Blog > Copyright Registration > Biden Executive Order on Artificial Intelligence (AI) Provides No Guidance on Copyright Law

Biden Executive Order on Artificial Intelligence (AI) Provides No Guidance on Copyright Law


Artificial intelligence (AI) is already starting to transform our economy. In the Fall of 2023, President Joe Biden issued an Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence. However, the executive order is silent on one of the biggest questions posed by the latest AI revolution: How does copyright law apply to AI? Here, our Florida copyright registration lawyer highlights the key things to know about AI and copyright law as we close out the year.

No Executive Guidance on AI and Copyright Law Leaves Issue to the Court for Now 

The Biden administration’s executive order on Artificial Intelligence (AI) aims to bolster America’s AI infrastructure and capabilities. However, it notably lacks specific guidance on copyright law. For the time, there is still a major gray area in how AI-generated content is owned and managed. As new technologies raise some novel copyright issues, there are many major federal court cases coming in 2024 that could make a big difference for copyright law.

Four Big Unanswered Questions About AI and Copyright Law 

  1. Who Holds the Copyright for AI-Generated Content? 

It is still not always clear. Indeed, determining whether the rights should belong to the AI developer, the user who prompted the creation, or even potentially the AI itself remains a major legal quandary. Right now, the assumption is the creator—even with the use of AI—is the copyright holder. 

  1. How Will Fair Use Apply to AI-Generated Content? 

As AI can produce content that closely mimics existing works, there’s a growing need to clarify what constitutes fair use in this new context, especially when AI creations can be transformative or derivative. There are some major outstanding questions about AI and fair use. 

  1. Can AI Infringe on Existing Copyrights—and if so Who is Liable? 

If an AI inadvertently creates content that violates copyright, it’s unclear who bears the responsibility: the AI, its user, or the developer. How exactly AI-related copyright breaches are handled in the future by U.S. courts will be one of the most watched IP law issues.

  1. Does AI Training Data Constitute a Copyright Law Violation? 

As we enter 2024, there are several major copyright cases that are actively pending in U.S. courts regarding AI-training data. Authors allege that their copyright-protected work was improperly used to train artificial intelligence. 

  1. How will international copyright laws harmonize to address AI? 

With different countries having varying copyright laws and attitudes towards AI, there is a significant question about how international law will adapt to provide a consistent approach to AI-generated content across borders.

 Get Help From Our South Florida IP Rights Attorney Today

At Perkins Law, our Boca Raton IP rights attorney has extensive experience handling a wide range of brand protection matters, including copyright law cases. If you have any legal questions about copyright and AI, please do not hesitate to contact our law firm today for your confidential, no obligation initial consultation. We represent clients throughout the region.



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