The New Copyright Office Guidance on AI: a Primer

When I started the Tuk’s Copyright Law Report five years ago, I never thought that artificial intelligence would take up such a large part of the legal landscape. Yet, here we are.

The stakes are high. If works created solely by AI can be protected under US Copyright Law, human artistry will be obliterated.

There is no other way to view it. When some person with no artistic training or ability can use AI to write (and market) 1,000 novels in a relatively short time, it becomes that much more difficult for a real writer to get their book noticed in the marketplace. In theory, AI could generate a near infinite amount of output, essentially eclipsing human creativity whole.

In January, the Copyright Office (“USCO”) issued the second part of a three part report on US Copyright Law and artificial intelligence. USCO's report on "Copyright and Artificial Intelligence: Part 2 - Copyrightability" addresses the legal and policy issues related to the copyrightability of works created using generative AI. ​ The Report is based on extensive public input and research, and the USCO attempts to provides an analysis of the degree of human contribution necessary for AI-generated outputs to qualify for copyright protection under US law. ​

GO OVER TO THE TCLR TO READ MORE.

Second Session Announced: Videoconference Exploring the Ninth Circuit’s Ruling in Tresona v. Burbank High School Music Boosters

Due to demand, On Friday, April 3rd at 3:30pm eastern, there will be a second videoconference on the Ninth Circuit’s decision, which I broke down initially here. The videoconference will be interactive, and will address questions from music educators about how the field of copyright law has significantly shifted this this court ruling.

A Reality Check for Content Creators With YouTube Channels

It's no secret that YouTube has effectively replaced television and the radio in terms of the distribution of content.  For my clients who have YouTube Channels, and use that revenue as part of their business strategy, there is a recent study from Offenberg University in Germany that holds that the average YouTube channel owner can't generate enough cash to crack the poverty line in the United States.

The language of the write up in Bloomberg I've linked to is bleak, but it is a bit overly glum in my opinion. 

While YouTube's payment rates are a bit opaque, to be kind, my advice to budding entrepreneurs and creators out there is that revenue from a YouTube channel should be part of your strategy, but not your entire strategy.  Every stable business is stable because it has multiple revenue streams, and that concept certainly applies in the new economy. 

 

Announcing The Creator Sessions

For those building a business in any creative industry, the business and legal landscape can be daunting.  But it doesn’t have to be that way!

Starting Jan. 24, attorney, musician and writer Bryan Tuk and ArtsQuest are teaming up to present a new monthly series for creators and entrepreneurs called The Creator Sessions.  All sessions will take place at the Banana Factory Arts Center, 25 W. Third St., Bethlehem, PA. 

“Helping creators and entrepreneurs in all industries succeed is one of the core principles of my law practice,” says Tuk. “Freelancers often feel as though they have very little support because of the prohibitively high cost of legal services.  

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