Tag Archives: policy

Internet Archive Submits Comments on Copyright and Artificial Intelligence

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On Monday the Internet Archive joined thousands of others in submitting comments to the US Copyright Office as part of its study on Copyright and Artificial Intelligence.

Our high level view is that copyright law has been adapting to disruptive technologies since its earliest days and our existing copyright law is adequate to meet the disruptions of today. In particular, copyright’s flexible fair use provision deals well with the fact-specific nature of new technologies, and has already addressed earlier innovations in machine learning and text-and-data mining. So while Generative AI presents a host of policy challenges that may prompt different kinds of legislative reform, we do not see that new copyright laws are needed to respond to Generative AI today.

Our comments are guided by three core principles.


First, regulation of Artificial Intelligence should be considered holistically–not solely through the isolated lens of copyright law. As explained in the Library Copyright Alliance Principles for Artificial Intelligence and Copyright, “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.

Read our full comments here.

Policies for a Better Internet: Securing Digital Rights for Libraries

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What do libraries have to do with building a better internet? How would securing certain digital rights for these traditional public interest institutions help make the internet work better for everyone?

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Join Public Knowledge President CHRIS LEWIS as he facilitates a conversation on these issues and the emerging Movement for a Better Internet with library and internet policy experts LILA BAILEY (Internet Archive), KATHERINE KLOSEK (Association of Research Libraries) and BRIGITTE VÉZINA (Creative Commons).

They will discuss Internet Archive’s report “Securing Digital Rights for Libraries: Towards an Affirmative Policy Agenda for a Better Internet” along with ongoing copyright reform projects from Creative Commons and ARL.

Policies for a Better Internet: Securing Digital Rights for Libraries
Thursday, December 8 @ 10am PT / 1pm ET
Register now for the virtual event

ABOUT THE SPEAKERS

CHRIS LEWIS is President and CEO at Public Knowledge. Prior to being elevated to President and CEO, Chris served for as PK’s Vice President from 2012 to 2019 where he led the organization’s day-to-day advocacy and political strategy on Capitol Hill and at government agencies. During that time he also served as a local elected official, serving two terms on the Alexandria City Public School Board. Chris serves on the Board of Directors for the Institute for Local Self Reliance and represents Public Knowledge on the Board of the Broadband Internet Technical Advisory Group (BITAG).

LILA BAILEY is Senior Policy Counsel for the Internet Archive. She leads the team responsible for the legal and policy strategies supporting the non-profit library’s mission to enable Universal Access to All Knowledge. Lila has spent her career as a passionate advocate of democratizing access to information, culture, and educational resources. In 2020, Public Knowledge recognized Lila’s contributions to public interest technology policy as the 17th annual winner of the IP3 award in the category of Intellectual Property. Fortune Magazine named her a “copyright champion” for her work leading the Archive’s fair use defense against four major commercial publishers in the Hachette v. Internet Archive case about digital book lending. Lila holds a JD from Berkeley Law and a BA in Philosophy from Brown University.

KATHERINE KLOSEK is the Director of Information Policy at the Association of Research Libraries (ARL).As a member of the ARL Scholarship and Policy team, Katherine formulates Association positions on key information policy debates, and develops and implements advocacy strategies to advance the Association’s legal and public policy agenda in legislative, administrative, and judicial forums. Building strong partnerships with stakeholders in libraries, higher education, scholarship, and civil society, she represents the Association in outreach to policy makers on Capitol Hill and in the executive branch. Serving as the staff lead to ARL’s Advocacy and Public Policy Committee, Katherine helps mobilize ARL’s membership to influence government policy–making in key moments, and in responding and adapting to major legal and policy developments.

BRIGITTE VÉZINA is the Director of Policy, Open Culture, and GLAM at Creative Commons. Brigitte is passionate about all things spanning culture, arts, handicraft, traditions, fashion and, of course, copyright law and policy. She gets a kick out of tackling the fuzzy legal and policy issues that stand in the way of access, use, re-use and remix of culture, information and knowledge.

Congressman Ro Khanna in conversation with Larry Lessig

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Could Ro Khanna be the first Asian American President of the United States?

California Congressman Ro Khanna is a political rising star, one that some Democrats see as the future of the Party. Known both for his progressive leadership and his ability to work across the aisle, Khanna – who represents Silicon Valley – is one of the most important figures setting tech policy in our nation today.

The Internet Archive invites you to come hear Khanna speak about his vision for the future. In Dignity in the Digital Age: Making Tech Work for All of Us, Khanna offers a vision for democratizing digital innovation to build economically vibrant and inclusive communities. Instead of being subject to tech’s reshaping of our economy, Khanna offers that we must channel those powerful forces toward creating a more healthy, equal, and democratic society.

On Tuesday, May 31st, 6pm PT/9pm ET, Representative Khanna will be interviewed by professor Larry Lessig, a digital access visionary and co-founder of Creative Commons and the Free Culture movement. Lessig himself ran for President in the Democratic primaries in 2016. The Internet Archive is honored to have these two great thinkers sharing our stage, for one night only! Please join us for this exciting political conversation either virtually or in-person at the Internet Archive, 300 Funston Ave, San Francisco. 

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A note about safety for our in-person audience: The Internet Archive is taking COVID precautions very seriously. We will be requiring proof of vaccination and masks indoors. There will be no food or beverages served (though there will be a water station). We are limiting seating in our huge, thousand seat Great Room to only 200 people. And of course we will have our large windows and doors open to ensure good airflow. We are working hard to make sure that this event is as safe as can be! Please reserve your seats ASAP.


Internet Archive Responds to Proposal for Major Copyright Reform

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This week, the Internet Archive submitted a letter in response to a set of questions posed by Senator Thom Tillis (R-NC) regarding potential reforms to the Digital Millennium Copyright Act (DMCA), the law that provides a safe harbor against copyright liability for Internet services who abide by notice and takedown obligations. The Senator’s questions indicate that he is interested in potentially broad changes to not only the DMCA, but to copyright law more generally. His letter states “[r]ather than tinker around the edges of existing provisions, I believe Congress should reform copyright law’s framework to better encourage the creation of copyrightable works and to protect users and consumers making lawful uses of copyrighted goods and software-enabled products, respectively.” The emphasis on ensuring that the law protects users and consumers is welcome, as concern for Internet users was almost entirely absent from the US Copyright Office report on the DMCA that was issued this past summer.

In our response, we express our concern that drastic changes to the notice and takedown provisions of the DMCA:

“Could have disproportionately negative impacts on public service non–profits such as the Internet Archive and our patrons. The Internet Archive is first and foremost a library. We use technology and the Internet to deliver valuable services and collections to the public. The Internet Archive’s goal of being a steward of knowledge is facilitated by the safe harbors, which shield us from liability for the occasional user who uploads infringing content, while allowing the vast majority of legal content to remain accessible.

Therefore, we provide these responses as an online service provider that hosts so-called “user generated content” and as a library with a mission to preserve and provide public access to cultural materials. In our view, while the DMCA system is not perfect, it generally works well and serves its intended purpose. As such, any substantial changes should be discouraged, including the controversial and untested “notice and stay down” system discussed in the Copyright Office report.”

You can read our full letter here.

We wish to express our appreciation to the law students at the New York University Technology Law & Policy Clinic for their deft assistance researching and drafting these public comments. It is our pleasure to partner with the next generation of legal scholars who will help shape the future of copyright law.

As always, we invite our patrons and the community of rightsholders who share their digital works with the Internet Archive to express your comments and suggestions.