Copyright information provided here is by the Florida Virtual Campus Library Services' Digital Services and OER Unit which offers a variety of services and products to support the Florida teaching and research higher education community, including online assistance and one-to-one consultation. For assistance with your teaching or research endeavors contact the Digital Services and OER Unit to ask a question or schedule an appointment.
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Copyright is determined by the country in which the product was made tangible. Since we are located with the United States information provided here reflect U.S. laws. The information presented here is intended for informational or educational purposes only and should not be construed as legal advice. If you have specific legal questions pertaining to copyright or intellectual property please contact an attorney/lawyer.
AI and Copyright Disclaimer
Under United States copyright law machine generated content, like Artificial Intelligence (AI) outcomes, do not carry copyright. This was recently upheld with a Federal Court Ruling from Judge Beryl A. Howell in August of 2023 (Civil Action No. 22-1564 Thaler v Perlmutter and US Copyright Office). The ruling states that a work must have a human creator in order to qualify for copyright. In reaction and recognition of this emerging trend, the US Copyright Office is actively studying the issue and plans to issue a report later in 2024 to summarize community input and their findings.
While machine generated content cannot be copyrighted, there remains the potential issue of copyright infringement from using AI/machine generated content that has been produced on copyrighted content. At this time there is a debate on whether a work generated through one of these models would be subject to copyright, or if they will be determined to be a large language model developed under fair use. As an example of this being debated, in September of 2023 a Delaware Judge ruled that a landmark case, Thompson Reuters v. Ross Intelligence, must go to a jury trial, which should begin sometime in 2024.
New Legislation Affecting Copyright: CASE ACT and the Copyright Claims Board:
"In December 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), which directed the Copyright Office to establish the Copyright Claims Board (CCB). The CCB is a three-member tribunal within the Office that provides an efficient and user-friendly option to resolve certain copyright disputes that involve up to $30,000 (called 'small claims')." (Copyright.gov)
**FLVC recommends that libraries and archives opt out of participation in this process as soon as possible by submitting an opt-out form provided by the Copyright Office.**
For more information, consult the U.S. copyright office https://copyright.gov/legislation/ and your attorney
CASE Act background:
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Bill – Number H.R. 133 |
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Date Enacted |
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For § 2319C on illicit digital transmission services, For the CASE Act, see bill excerpt |
Consolidated Appropriations Act, 2021 |
Dec. 27, 2020 |
Florida Institutions of Higher Education require compliance with copyright law and, when appropriate, supports the exercise in good faith of full copyright exemption rights by faculty, staff, and students. Specifically, Florida Institutions of Higher Education:
