MPA Comments to the U.S. Copyright Office in Response to Notice of Inquiry on Artificial Intelligence and Copyright
The Motion Picture Association, Inc. (“MPA”) responded to the Copyright Office’s Notice of Inquiry and Request for Comments on Artificial Intelligence and Copyright (Docket No. USCO 2023-6), 88 Fed. Reg. 59942 (Aug. 30, 2023) (“Notice of Inquiry” or “NOI”).
Throughout their history, MPA’s members and the countless people working with them to bring the magic of moviemaking to the screen have been pioneers and beneficiaries of technological innovation. Creators are innovators by nature; they always rely on a range of tools, including technological tools, to give life to their artistic vision and to connect their works with widespread and diverse audiences. To that end, MPA’s members have invested substantially in developing themselves and supporting others who develop cutting-edge technological tools for creators to use in creating motion pictures and television programs.
MPA’s members have a uniquely balanced perspective regarding the interplay between AI and copyright. The members’ copyrighted content is enormously popular and valuable. Strong copyright protection is the backbone of their industry. At the same time, MPA’s members have a strong interest in developing creator-driven tools, including AI technologies, to support the creation of world-class content. AI, like other tools, supports and enhances creativity, and draws audiences into the stories and experiences that are the hallmark of the entertainment industry.
MPA’s overarching view, based on the current state, is that while AI technologies raise a host of novel questions, those questions implicate well-established copyright law doctrines and principles. At present, there is no reason to conclude that these existing doctrines and principles will be inadequate to provide courts and the Copyright Office with the tools they need to answer AI-related questions as and when they arise. The Copyright Office has an important role to play in ensuring a careful and considered approach to AI and copyright. At the current time, however, there is no need for legislation or special rules to apply copyright law in the context of AI.