Internet Archive Submits Comments on Copyright and Artificial Intelligence

“AI has the potential to disrupt many professions, not just individual creators. The response to this disruption (e.g., support for worker retraining through institutions such as community colleges and public libraries) should be developed on an economy-wide basis, and copyright law should not be treated as a means for addressing these broader societal challenges.” Going down a typical copyright path of creating new rights and licensing markets could, for AI, serve to worsen social problems like inequality, surveillance and monopolistic behavior of Big Tech and Big Media.

Second, any new copyright regulation of AI should not negatively impact the public’s right and ability to access information, knowledge, and culture. A primary purpose of copyright is to expand access to knowledge. See Authors Guild v. Google, 804 F.3d 202, 212 (2d Cir. 2015) (“Thus, while authors are undoubtedly important intended beneficiaries of copyright, the ultimate, primary intended beneficiary is the public, whose access to knowledge copyright seeks to advance . . . .”). Proposals to amend the Copyright Act to address AI should be evaluated by the impact such new regulations would have on the public’s access to information, knowledge, and culture. In cases where proposals would have the effect of reducing public access, they should be rejected or balanced out with appropriate exceptions and limitations.

Third, universities, libraries, and other publicly-oriented institutions must be able to continue to ensure the public’s access to high quality, verifiable sources of news, scientific research and other information essential to their participation in our democratic society. Strong libraries and educational institutions can help mitigate some of the challenges to our information ecosystem, including those posed by AI. Libraries should be empowered to provide access to educational resources of all sorts– including the powerful Generative AI tools now being developed.

Perhaps controversial statements.