Again, the most significant news on the legal GenAI front in the past couple of weeks was political in nature. The unexpected firing of Shira Perlmuter, the Register of Copyrights, by the Trump administration and the little-reported NSF release of an RFI document continue to demonstrate that there is a great deal going on behind the scenes. It remains difficult to predict where litigation will take GenAI when legislation remains a real possibility.
The Copyright Office Part 3: “Pre-publication” Generative AI Training Report
After a muted response to Part 2, it seems no one is happy with the Part 3 version released by the Copyright Office. The Washington Post’s response was typical. “Perlmutter’s office released a more than 100-page report on artificial intelligence that raised concerns . . . which some employees suspected may have influenced Perlmutter’s termination.” The 111-page Copyright Office Report is important, but it’s just one step in the process. If you don’t want to read through the lengthy report, Ran Vogel, an IP attorney in Israel, provided the best summary of the Copyright Office Report that I’ve found so far. He states in his conclusion, “Although the U.S. Copyright Office report does not carry legal force, it is likely to influence future litigation, public policy, and legislative action.” He is clear in his beliefs that the unchecked era of AI training using copyrighted content is about over, but his comments are through the eyes of an attorney defending authors, not LLM companies.
The National Science Foundation RFI
Receiving far less press was the RFI with a typical, lengthy government-inspired name: Request for Information on the Development of a 2025 National Artificial Intelligence (AI) Research and Development (R&D) Strategic Plan. An R&D World article provides a quick overview. The bottom line is that the Trump administration is looking to establish policy “for sustaining and enhancing America’s AI dominance.” Most countries are considering similar ideas; in other words, no one wants to be left out of the AI race. Don’t be surprised when legislation is proposed in countries that changes the copyright playing field between authors and LLMs. Stay tuned!
A big “Thank you” to each of you who sent me leads on GenAI news. They are helpful and appreciated as we all strive to stay informed in the GenAI legal world.
Be Blessed!
Bruce Erickson