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The Association of Research Libraries (ARL), in collaboration with libraries, civil society organizations, legal experts, and scholars, has issued a joint letter to Congress expressing concerns regarding calls for new copyright restrictions in response to the recent rise of generative artificial intelligence (AI).

Generative AI represents a technological breakthrough with the potential to fulfill the constitutional promise of copyright law by advancing science and the useful arts. However, amidst its promising emergence, there have been suggestions for amendments to the US Copyright Act that would necessitate rightsholders' permission to access materials for training AI models. Such a permission-based system could significantly expand the boundaries of the traditional copyright monopoly. It may also place financial and logistical burdens on new companies or applications in the AI industry, potentially stifling competition and innovation. Furthermore, it could impede creators' ability to use AI to develop new works, spanning various domains such as fiction, video games, software, and more.

The current state of US copyright law is characterized by its broad and adaptable nature, capable of accommodating new technologies and addressing the legitimate concerns of content creators. Whether a specific application of generative AI qualifies as fair use should rightfully be determined by courts, as they are the appropriate forum for applying copyright principles to the evolving scenarios arising from AI usage in the future.

It's worth noting that numerous issues raised by generative AI extend beyond the realm of copyright law. For instance, the very real challenges posed by the use of AI to generate deepfakes or spread political misinformation can be addressed through existing right-of-publicity and trademark legislation.

In addition to the ARL, the American Library Association (ALA), Authors Alliance, Chamber of Progress, Creative Commons, Electronic Frontier Foundation, Internet Archive, Public Knowledge, R Street Institute, TechFreedom, and Tech:NYC have all added their voices to this letter. Several individual signatories have also endorsed the call to preserve the potential of generative AI.