A Veteran’s Quest to Redefine AI Copyright Law
In a bold move last October, Elisa Shupe, a 60-year-old retired US Army veteran, submitted a copyright registration for her self-published novel, challenging the US Copyright Office’s (USCO) policy on AI-generated work. Her initial attempt was rejected, but her persistence paid off when the agency recently granted her copyright registration for “AI Machinations: Tangled Webs and Typed Words,” a work of autofiction published under the pen name Ellen Rae.
The Novel’s Inspiration and Shupe’s Battle
Shupe’s novel, which draws from her personal experiences with disability and her use of AI tools like OpenAI’s ChatGPT, has become a trailblazer in the ongoing debate surrounding AI and copyright law. The USCO’s decision to grant Shupe copyright registration for the arrangement of AI-generated text marks a significant milestone, as it is among the first creative works to receive such recognition.
We’re seeing the Copyright Office struggling with where to draw the line.
Erica Van Loon, an intellectual property lawyer and partner at Nixon Peabody, highlights the nuances of the USCO’s decision, noting that Shupe’s copyright registration comes with a significant caveat. Rather than recognizing her as the author of the entire text, the agency considers her the author of the “selection, coordination, and arrangement of text generated by artificial intelligence.”
The Implications of Shupe’s Copyright Registration
While no one can copy Shupe’s book without permission, the actual sentences and paragraphs themselves are not copyrighted and could theoretically be rearranged and republished as a different book. This decision aligns with the USCO’s recent ruling in the case of Kris Kashtanova, where they granted copyright to the selection and arrangement of AI-generated images in the text but denied copyright on the specific images themselves.
Shupe’s legal team, led by Vescovo, expressed satisfaction with the outcome, believing that copyrighting the book’s compilation provides protection against unauthorized reproduction of the entire work. They hope that Shupe’s approval can serve as a blueprint for others experimenting with AI text generation who seek some form of copyright protection.
The Ongoing Debate and Future Implications
Shupe’s case is part of a larger movement to make copyright law more accommodating to AI and its users. The USCO plays a central role in determining how works that use AI are treated, and Shupe’s qualified victory marks a significant step in the agency’s grappling with the concept of authorship in the age of AI.
Other notable cases, such as Kris Kashtanova’s successful bid to copyright his award-winning artwork ”Théâtre D’opéra Spatial” and AI researcher Stephen Thaler’s ongoing efforts to obtain copyright on behalf of his machine, further highlight the complexities surrounding AI and intellectual property rights.
While Shupe and her legal team do not plan to contest the USCO’s decision further, they recognize the potential for future legislative action. Askin, a member of Shupe’s legal team, suggests that lobbying Congress for an addition to the Americans with Disabilities Act (ADA) statute could be a promising path forward.
As AI continues to evolve and become more integrated into creative processes, cases like Shupe’s will undoubtedly shape the future of copyright law. Her metaphorical “nuke” may not have detonated as intended, but her efforts have undeniably advanced the cause and sparked a crucial conversation about the role of AI in the creative realm.
5 Comments
Oh, the legal gymnastics around AI content are just starting to heat up!
AI’s dive into creativity is turning copyright norms on their head, fasten your intellectual property seatbelts!
AI stirring the copyright cauldron, witches and lawyers alike, take note!
Looks like AI’s gearing up to challenge every copyright attorney out there, game on!
Who knew robots could become the next Picasso or Shakespeare, copyright lawyers are in for a treat!