In response to the US Copyright Office request for comments, DCN submitted these comments regarding the legal and public policy concerns associated with artificial intelligence (AI), specifically Generative AI (GAI).

In these comments, we noted the strong protections for copyright holders and the importance of such protections for society at large. We also argued that GAI systems cannot claim a blanket “fair use” exemption for their use of copyrighted content. In light of the fact that over 10 lawsuits had been filed at the time these comments were filed, we ask the Copyright Office to “make clear that use of copyrighted works to train AI is not per se a fair use, and to explain how each of the fair use factors would apply to various AI training scenarios.” Our hope is that clarification from the Copyright Office will allow courts to move expeditiously to resolve copyright infringement claims, provide greater certainty for copyright holders and hasten the burgeoning marketplace for the licensing of copyrighted works by AI companies.