USPTO Has 180 Days to Issue Recommendations on Copyright and AI

Key Takeaways: The US Copyright Office (USCO) has released the first part of its report on copyright and artificial intelligence, focusing on the legal and policy issues surrounding AI-generated digital replicas of individuals’ voices and appearances.

• The report’s publication marks the start of a 180-day period for the US Patent and Trademark Office (USPTO) to issue recommendations for executive action on copyright and AI, as mandated by President Biden’s AI Executive Order.
• USPTO Director Kathi Vidal emphasized the personal and valuable nature of an individual’s name, voice, and likeness, stating that the USPTO will consider the report’s findings in preparing its recommendations.

Broader Context: President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence tasks the USPTO with addressing the implications of AI technology for intellectual property laws and policies.

• The Executive Order requires the USPTO to submit copyright-related recommendations to the president within 180 days of the USCO issuing relevant reports.
• The release of the USCO report on digital replicas marks the beginning of the first 180-day period for the USPTO to develop and submit its recommendations.

Analyzing Deeper: The USCO report on AI-generated digital replicas highlights the complex legal and ethical issues surrounding the use of AI technology to replicate an individual’s likeness. As AI continues to advance, it is crucial for policymakers and intellectual property offices to address these challenges and ensure that the development and use of AI technologies are safe, secure, and trustworthy. The USPTO’s forthcoming recommendations will play a significant role in shaping the future of copyright and AI policy, with potentially far-reaching implications for artists, athletes, and other individuals whose name, voice, and likeness are at stake.