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Forum Discusses Copyright Challenges Amid Generative AI Surge

“We must approach this with care,” stated Maria Pallante, President and CEO of the Association of American Publishers. Her assertion was echoed throughout the day at “The Story Starts With Us,” a significant forum held on Tuesday in Washington D.C. The event aimed to tackle the implications generative AI has on copyright laws and the broader creative sector. Co-hosted by the AAP and the Copyright Alliance, the gathering drew over 100 stakeholders, including authors, journalists, publishers, songwriters, legal experts, lawmakers, and technologists, all voicing concerns about what they deemed an existential threat to creative professions.

Pallante highlighted the substantial contribution of creators to the U.S. economy, amounting to more than $2 trillion in GDP. “In these times, where literature, journalism, music, and various authorship forms are crucial, it is essential that we navigate this correctly,” she emphasized. “This should inspire collaboration across sectors and lawful markets, but it should not be a stage for piracy.”

During the opening remarks, Keith Kupferschmid, CEO of the Copyright Alliance, raised an essential question for policymakers: “As we assess the advantages and dangers posed by Generative AI technologies, protecting and incentivizing human creativity and intellectual expression is crucial.” He pointed out that “authors and publishers are at the forefront of the AI value chain—literary works, songs, and more are central to global AI markets and will shape the regulatory framework going forward.”

In his keynote address, Senator Peter Welch of Vermont underscored the pivotal role of the creative sector during these challenging times. “The contributions of the creative community have never been more vital,” he stated. “The arts provide us with a lens through which to understand our current reality.”

Welch elaborated on the stakes of the situation: “With the rise of generative AI, there is a risk that creative works can be appropriated and monetized by corporations that did not participate in their creation, effectively denying the rightful compensation to artists.” He acknowledged the complexity of the issue, noting, “The challenge lies in our uncertainty about the algorithms that produce these outcomes. As artists, we find ourselves in a climate where our work may be utilized without our awareness.”

To address these concerns, last November, Welch introduced the TRAIN Act (Transparency and Responsibility for Artificial Intelligence Networks) in Congress. This proposed legislation aims to enable copyright holders to determine whether their works have been employed in training AI models.

“We aim to affirm that creators deserve effective copyright protections and due compensation for their works,” Welch explained. “The principle remains as it has always been—creators are entitled to protection. We are simply extending this to the new paradigms introduced by generative AI, which has the capacity to indiscriminately aggregate works.”

“This matter is not merely about safeguarding artistic content and the monetary returns due to artists. It is about ensuring the sustainability of the artistic community,” he said. “Creating is fundamentally more favorable than the alternative.”

The forum featured video messages from several lawmakers endorsing copyright protections for creators, including Sen. Marsha Blackburn (TN), Rep. Judy Chu (CA-28th), Rep. Ben Cline (VA-6th), Sen. Chris Coons (DE), Sen. Martin Heinrich (NM), and Sen. Adam Schiff (CA).

Emphasizing Collaboration

Later in the discussions, Bob Goodlatte, former Republican Congressman from Virginia, engaged in dialogue with Pallante. Goodlatte, who previously collaborated with Pallante during her tenure as Register of Copyrights, acknowledged the transformative potential of artificial intelligence. “AI represents a remarkable technological advancement that I utilize almost daily. However, it remains essential to root it in human creativity, as it cannot replace it,” he noted.

Goodlatte, who held a congressional seat for 26 years and chaired the Judiciary Committee from 2013 to 2019, highlighted the constitutional foundation for intellectual property rights. “Intellectual property protection is enshrined within the Constitution—specifically in Article One, Section Eight, Clause Eight,” he pointed out, reaffirming its importance within the responsibilities of the Judiciary Committee.

Pallante echoed Goodlatte’s sentiments, noting that copyright law is “explicitly enshrined in the Constitution,” with the first Copyright Act established in 1790 covering essential works like “books, maps, and charts.” The pair recognized that copyright has historically garnered bipartisan support and rejected arguments from technology firms advocating for weakened protections in favor of AI development. “We often hear claims that creators are just hindering progress and that copyright has outlived its usefulness. None of these assertions hold validity,” Pallante remarked.

Both speakers dismissed the notion that enforcing copyright laws impediments innovation. “Creative development often goes hand in hand with technological progress. Progress in technology is, in essence, a form of creativity,” Goodlatte argued, while Pallante expressed enthusiasm for the “value chain of copyright” that extends from authors to publishers, describing it as “vibrant when functioning properly,” and countering claims that it necessitates dismantling.

Goodlatte criticized assertions that failing to adapt copyright legislation for AI would hinder America’s global competitiveness, dismissing such claims as “un-American” and illogical. “While it’s commendable that we’ve become leaders in technology, we should not overlook our leadership in creative fields. These two spheres, when combined, yield exceptional potential,” he asserted, referencing instances where Chinese AI technology has been appropriated from American firms. “America does not advance through imitation,” he concluded.

Regarding possible legislative measures, Goodlatte indicated that the emergence of licensing agreements between content creators and tech companies might alleviate the need for immediate new laws. However, he acknowledged the importance of Congressional vigilance against piracy and copyright infringements.

Pallante voiced concerns about regulatory licensing schemes that threaten the exclusive rights of creators as established in the Constitution. “If we transition towards a system where exclusive rights no longer hold relevance, we would no longer be discussing copyright in any meaningful sense,” she warned.

Concluding the day’s discussions, Goodlatte called for solidarity within the creative community. “It is crucial that every facet of the creative sector unites and firmly addresses these issues, as all areas will be influenced by AI in various ways,” he stated. “My hope is to see them thrive and innovate alongside AI, but paramount should be recognizing and compensating those who contribute real creativity, as the Constitution mandates.”

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