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Transcripts of Our Meetings in All 1 LIBRARY OF CONGRESS + + + + + UNITED STATES COPYRIGHT OFFICE + + + + + COPYRIGHT IN THE AGE OF ARTIFICIAL INTELLIGENCE + + + + + WEDNESDAY FEBRUARY 5, 2020 + + + + + The meeting convened in the Montpelier Room, 101 Independence Avenue SE, Washington, D.C. 20540 at 9:00 a.m. PRESENT MARIA STRONG, Acting Register of Copyrights and Director, U.S. Copyright Office CATHERINE ZALLER ROWLAND, Associate Register of Copyrights and Director of Public Information and Education, U.S. Copyright Office ROB KASUNIC, Associate Register of Copyrights and Director of Registration Policy and Practice, U.S. Copyright Office JOHN ASHLEY, Chief, Visual Arts Division, U.S. Copyright Office KATIE ALVAREZ, Counsel for Policy and International Affairs, U.S. Copyright Office REGAN SMITH, General Counsel and Associate Register of Copyrights, U.S. Copyright Office WHITNEY LEVANDUSKY, Attorney-Advisor, Office of Public Information and Education, U.S. Copyright Office Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com 2 MARK GRAY, Attorney-Advisor, Office of the General Counsel, U.S. Copyright Office ALSO PRESENT FRANCIS GURRY, Director General, World Intellectual Property Organization (WIPO) ANDREI IANCU, Under Secretary of Commerce for Intellectual Property, and Director, U.S Patent and Trademark Office AHMED ELGAMMAL, Professor at the Department of Computer Science, Rutgers University, and Director of The Art & Artificial Intelligence Lab ROS LYNCH, Director, Copyright & IP Enforcement, U.K. Intellectual Property Office (UKIPO) ULRIKE TILL, Division of Artificial Intelligence Policy, WIPO MICHELE WOODS, Director, Copyright Law Division, WIPO SANDRA AISTARS, Clinical Professor and Senior Scholar and Director of Copyright Research and Policy of CPIP, Antonin Scalia Law School, George Mason University ANDRES GUADAMUZ, Senior Lecturer in Intellectual Property Law, University of Sussex and Editor in Chief of the Journal of World Intellectual Property JASON BOOG, West Coast correspondent for Publishers Weekly KAYLA PAGE, Senior Counsel, Epic Games MARY RASENBERGER, Executive Director, the Authors Guild and Authors Guild Foundation MEREDITH ROSE, Policy Counsel, Public Knowledge JOEL DOUEK, Cofounder of EccoVR, West Coast creative director and chief scientist for Man Made Music, and board member of the Society of Composers & Lyricists E. MICHAEL HARRINGTON, Composer, Musician, Consultant, and Professor in Music Copyright and Intellectual Property Matters at Berklee Online Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com 3 DAVID HUGHES, Chief Technology Officer, Recording Industry Association of America (RIAA) ALEX MITCHELL, Founder and CEO, Boomy AMANDA LEVENDOWSKI, Associate Professor of Law and founding Director of the Intellectual Property and Information Policy (iPIP) Clinic, Georgetown Law MIRIAM VOGEL, Executive Director, EqualAI JULIE BABAYAN, Senior Manager, Government Relations and Public Policy, Adobe VANESSA BAILEY, Global Director of Intellectual Property Policy, Intel Corporation MELODY DRUMMOND HANSEN, Partner and Chair, Automated & Connected Vehicles, O'Melveny & Myers LLP SARAH HOWES, Director and Counsel, Government Affairs and Public Policy, SAG-AFTRA IAN SLOTIN, SVP, Intellectual Property, NBCUniversal Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com 4 C-O-N-T-E-N-T-S Welcome, Catherine Zaller Rowland. 6 Keynote, Copyright and Artificial Intelligence, A Global Perspective Francis Gurry. 7 The Copyright Office and AI Maria Strong . .25 Remarks of the U.S. Patent and Trademark Office Andrei Iancu . .32 The Relationship between AI and Copyright: Ahmed Elgammal . .37 Rob Kasunic. .53 AI and the Administration of International Copyright Systems Maria Strong, Moderator. .68 Ros Lynch. .69 Ulrike Till. .80 Michele Woods. .90 AI and the Visual Arts John Ashley, Moderator . 102 Sandra Aistars . 120 Ahmed Elgammal . 131 Andres Guadamuz. 136 AI and Creating a World of Other Works Katie Alvarez, Moderator . 138 Kayla Page . 139 Jason Boog . 149 Mary Rasenberger . 158 Meredith Rose. 169 AI and Creating Music Regan Smith, Moderator . 177 David Hughes . 180 Alex Mitchell. 191 Joel Douek . 197 E. Michael Harrington. 201 Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com 5 C-O-N-T-E-N-T-S Bias and Artificial Intelligence Whitney Levandusky, Moderator. 244 Miriam Vogel . 246 Amanda Levendowski . 255 AI and the Consumer Marketplace Mark Gray, Moderator . 277 Julie Babayan. 278 Vanessa Bailey . 285 Melody Drummond Hansen . 294 Digital Avatars in Audiovisual Work Catherine Zaller Rowland, Moderator. 314 Ian Slotin . 315 Sarah Howes. 330 Roundup and Closing Remarks Catherine Zaller Rowland . 358 Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com 6 1 P-R-O-C-E-E-D-I-N-G-S 2 9:09 a.m. 3 MS. ROWLAND: Thank you all for coming 4 here today. We really appreciate it. We are 5 really excited to be here with WIPO co-sponsoring 6 this event on Copyright and the Age of Artificial 7 Intelligence. 8 We did Part I in Geneva back in 9 September, and here we have Part II where we are 10 taking a deeper dive into all things copyright. 11 We have a really exciting day planned and we have 12 some incredible guests, like the Director General 13 of WIPO, among many others. 14 Right now I'm going to invite Maria 15 Strong, who is Acting Register of the Copyright 16 Office, to introduce the Director General. 17 MS. STRONG: So, thank you, everybody, 18 and welcome to the United States Copyright 19 Office. It's our privilege to be hosting this 20 continuing conversation on artificial 21 intelligence. 22 I would like to thank all of our Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com 7 1 colleagues at WIPO who are working on this, our 2 colleagues in the Copyright Office, and our 3 colleagues also in the Library of Congress who 4 made this event possible. 5 I think there's going to be a lot of 6 questions that are going to be raised during the 7 day. I can't promise we'll have all the answers, 8 but it's an important topic that crosses many in 9 the copyright community. 10 With that, I would like to invite up 11 to the stadium -- the podium -- it feels like a 12 stadium in here -- Director General Francis 13 Gurry. Thank you so much. 14 (Applause.) 15 MR. GURRY: Thank you very much, 16 Maria. 17 Ladies and gentlemen, a very good 18 morning to you all. It is a pleasure and a 19 privilege to be here in Washington, the great 20 city of Washington, for this event. 21 Let me start by thanking the United 22 States Copyright Office, and the Library of Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com 8 1 Congress also represented here. Thank you for 2 all of your support, for reaching out to us, and 3 for continuing this conversation here in 4 Washington. We are very grateful for Ms. Maria 5 Strong and all of her colleagues. Thank you very 6 much indeed. 7 It's great to see -- I haven't seen 8 him yet, but I know Andrei Iancu is going to be 9 here this morning, the Under Secretary for 10 Intellectual Property at the United States Patent 11 and Trademark Office. And I'm pleased to see so 12 many old friends as well. 13 Allow me to introduce two of my 14 colleagues who you are going to see later in the 15 morning. Michele Woods, known to many of you in 16 the Copyright Office, of course, who is the 17 Director of our Copyright Law Division. And 18 Ulrike Till, who is newly Director of our 19 Artificial Intelligence Policy Division. 20 So this is a very timely event, an 21 extremely timely event, because, as we are all 22 aware, we are increasingly seeing artificial Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com 9 1 intelligence applications deployed across the 2 economy and in the creative industries. It's a 3 little difficult to keep track of it always, but 4 we know that there are many instances of this. 5 Just in a different field, I saw that 6 last week, in the United Kingdom -- and I use the 7 words of the proprietors, with inverted commas, 8 of the exercise -- the first entirely invented, 9 machine invented, molecule has gone into human 10 clinical trials. So it is quite clear that 11 machine creation and machine invention is with 12 us. So it's good that we can discuss these 13 issues. 14 And I think the existence or the 15 appearance of all of these applications that 16 we're seeing across the economy is raising, of 17 course, many policy questions. We've seen lots 18 of papers. We've seen, in some cases, some 19 executive decisions, and we are seeing judicial 20 decisions emerge. And that creates a situation, 21 I think, in which we are facing two risks in the 22 area. Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com 10 1 I think the first risk for us in our 2 reasonably small world of intellectual property 3 is that artificial intelligence is, of course, a 4 general purpose technology and it is being 5 deployed across every sector, and has 6 applications in every sector of the economy, as 7 well as social applications and military 8 applications, of course. 9 And I think in those circumstances, 10 from a policy point of view, we face some 11 confronting questions, and there is a risk that 12 the copyright questions, or the property 13 questions in general, get drowned out by the 14 urgency and the importance of some of the other 15 questions that we're seeing in the area of, for 16 example, privacy or security or data integrity.
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