In comments to the White House Office of Science and Technology Policy (OSTP), the Library Copyright Alliance (LCA) encouraged the administration to safeguard fair use principles and prevent licensing restrictions from undermining these rights in a national “AI Action Plan.”
Fair use is an integral part of US copyright law, providing the legal foundation for AI researchers to collect and train content without permission from rightsholders. This competitive advantage has positioned the United States at the forefront of AI innovation globally. LCA recommends that the administration file amicus briefs in AI fair use cases arguing that AI’s public benefits substantially outweigh potential impacts on rightsholders. Should judicial rulings constrain generative AI development, LCA suggests that the administration request Congress to enact legislation to protect this technological advancement.
Additionally, LCA encourages the administration to submit amicus briefs arguing that contractual prohibitions on copying otherwise permitted by fair use in the AI context are not enforceable. If courts fail to uphold this principle, the administration should urge Congress to enact legislation to explicitly establish that fair use and other Copyright Act provisions take precedence over contradictory license terms.
The recommendations respond to a request for information by the Networking and Information Technology Research and Development (NITRD) National Coordination Office (NCO), National Science Foundation (NSF), on behalf of OSTP.
“American research libraries spend over a billion dollars annually licensing digital databases and journals for researchers,” said Katherine Klosek, ARL’s director of Information Policy and Federal Relations. “By protecting fair use rights, the administration can maximize the efficiency and effectiveness of this substantial investment in America’s research infrastructure.”
