Tell the Copyright Office About AI

With ChatGPT’s rapid growth since its launch in late 2022 and many other text, graphic and video AI generative services gaining popularity, AI and copyright has become a heatedly debated topic. The U.S. Copyright Office is now seeking public comment to assess the need for legislative or regulatory steps in copyright law issues raised by the rapid development of AI.

Four main areas surrounding the use of AI systems are currently for public comment, some of these are more closely connected to fannish activities and have a direct impact on AO3 users.

  1. Using copyrighted materials in training AI models, specifically, whether permission from copyright owner is needed, in what form (opt in or opt out), and if compensations is necessary; what type of system for permission and remuneration is feasible, whether records should be retained to identify training materials used, and if they should be available to copyright holders; if requests are not honored, what remedies should be available.
  2. Whether materials generated using AI systems are copyrightable – namely what level of human involvement may be considered sufficient control over the output material for it to be considered human-authored.
  3. Potential liability for infringing works generated with the use of AI systems: how the liability should be apportioned between the developers of the system and the user who provided the prompts.
  4. How to deal with attributes not traditionally protected under copyright law, such as human likeness and artistic styles.

The comment period remains open until October 18, 2023, for written comments and November 15, 2023 for reply comments. Detailed instructions note that short written comments are limited to 5000 characters, longer comments can be uploaded in various formats. Please note that all information and files provided in the submission process will be publicly available.

Visit the comment form to have your say!

Given that the feedback being sought concerns an organization the OTW is not affiliated with, comments have been disabled on this post. Decisions made by the U.S. Copyright Office could impact the OTW and AO3’s approach to AI generated works in the future. We thank concerned fans who wish to articulate their opinions on the matter directly with them.


The Organization for Transformative Works is the non-profit parent organization of multiple projects including Archive of Our Own, Fanlore, Open Doors, Transformative Works and Cultures, and OTW Legal Advocacy. We are a fan run, entirely donor-supported organization staffed by volunteers. Find out more about us on our website.

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