Copyright and AI Technology

Posted on April 7, 2023 by Hannah Meyer

On March 16, 2023, the U.S. Copyright Office announced the beginning of a study to examine potential issues caused by the growing use of artificial intelligence to create new works. These issues include whether work created by AI technologies are eligible for copyright protection and the use of generative AI. Generative AI are technologies that create expressive works by viewing a large amount of human-created creative content. The U.S. Copyright Office also announced that they will be holding four public virtual listening sessions in spring to address the future of AI and copyright in creative fields including visual works and music and sound recordings.

copyright symbol made up of puzzle pieces — “Large copyright sign made of jigsaw puzzle pieces” by Horia Varlan is licensed under CC BY 2.0.

What is Copyright?

According to the U.S. Copyright Office, copyright is “a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression”. To be considered an original work, the work must have a minimal degree of creativity. Everyone owns a copyright, as everyone has created their own original work whether through classes, work, or for fun. Copyright registration serves to protect the rights of the author.

robot looking contemplative, background math equations — “Artificial Intelligence & AI & Machine Learning” by mikemacmarketing is licensed under CC BY 2.0.

Who is an Author?

The term “author” which is used in both the Constitution and Copyright Act has historically been interpreted to only apply to humans. By this definition, works created solely by AI technology are not able to be copyrighted. The U.S. Copyright Office differentiates between works that are created using technology as an assisting device and works that use AI for the creative elements of the work. If AI is used for the creative elements of the work, but a human selects and arranges the work in a creative way, the work is copyrightable. If a human modifies a work created by AI, the human-modified aspects of the work are copyrightable.

Applications for registration of AI created works have already been sent to the U.S. Copyright Office. One of these applications was denied in 2018 because the content was entirely AI generated. In February 2023, a graphic novel which used AI-generated images was accepted for copyright, with the caveat that the individual images were not copyrightable.

Applying for Copyright Protection

To register for copyright protection for a piece of work created in part with the use of AI technology one should use the Standard Application for copyright registration. The registrant must disclose that AI technology was used and describe the extent of its use. The registrant must list the author and explain what aspects of the work were created by humans. AI technology and the companies that make it should not be listed under the “Author Created” field of the application.

As AI technologies become used more frequently to create literary work, art and music, it will become more important to consider the growing copyright issues they create. To read the full policy statement from the U.S. Copyright Office about material generated by artificial intelligence go to https://www.govinfo.gov/content/pkg/FR-2023-03-16/pdf/2023-05321.pdf.

Copyright Enforcement Tools as Censorship

Posted on January 20, 2023 by Ryan Yoakum

This week, Scholarly Commons graduate assistants Zhaneille Green and Ryan Yoakum, alongside Copyright Librarian Sara Benson, appeared as guest writers for the International Federation of Library Associations and Institutions’ blog as part of a series for Copyright Week. Their blog post looks at how the current copyright tools on platforms such as YouTube and Facebook allow large corporate or governmental entities to silence and suppress individual voices. You can read the full blog post on the IFLA blog website.

Welcome Back to the Scholarly Commons!

Posted on October 7, 2022 by Ryan Yoakum

The Scholarly Commons is excited to announce we have merged with the Media Commons! Our units have united to provide equitable access to innovative spaces, digital tools, and assistance for media creation, data visualization, and digital storytelling. We launched a new website this summer, and we’re thrilled to announce a new showcase initiative that highlights digital projects created by faculty and students. Please consider submitting your work to be featured on our website or digital displays.

Looking to change up your office hours? Room 220 in the Main Library is a mixed-used space with comfortable seating and access to computers and screen-sharing technology that can be a great spot for holding office hours with students.

Media Spaces

We are excited to announce new media spaces! These spaces are designed for video and audio recordings and equipped to meet different needs depending on the type of production. For quick and simple video projects, Room 220 has a green-screen wall on the southeast side of the room (adjacent to the Reading Room). The space allows anyone to have fun with video editing. You can use your phone to shoot a video of yourself in front of the green wall and use software to replace the green with a background of your choosing to be transported anywhere. No reservations required.

Green Screen Wall in Room 220. Next to it is some insignificant text for design purposes.

For a sound-isolated media experience, we are also introducing Self-Use Media Studios in Rooms 220 and 306 of the Main Library. These booths will be reservable and are equipped with an M1 Mac Studio computer, two professional microphones, 4K video capture, dual color-corrected monitors, an additional large TV display, and studio-quality speakers. Record a podcast or voiceover, collect interviews or oral histories, capture a video or give a remote stream presentation, and more at the Self-Use Media Studios.

Finally, we are introducing the Video Production Studio in Room 308. This is a high-end media creation studio complete with two 6K cameras, an 4K overhead camera, video inputs for computer-based presentation, professional microphones, studio-lighting, multiple backdrops, and a live-switching video controller for real-time presentation capture or streaming. Additionally, an M1 Mac Studio computer provides plenty of power to enable high-resolution video project editing. The Video Production Studio can be scheduled by arranged appointment and will be operated by Scholarly Commons staff once the space is ready to open.

Stay tuned to our spaces page for more information about reserving these resources.

Loanable Tech

The Scholarly and Media Commons are pleased to announce the re-opening of loanable technology in Room 306 of the Main Library. Members of the UIUC community can borrow items such as cameras, phone chargers, laptops, and more from our loanable technology desk. The loanable technology desk is open 10:30 a.m. – 7:30 p.m. Mondays-Thursdays, 10:30 a.m. – 5:30 p.m. Fridays, and 2-6:30 p.m. on Sundays. Check out the complete list of loanable items for more on the range of technology we provide.

Drop-in Consultation Hours

Drop-in consultations have returned to Room 220. Consultations this semester include:

GIS with Wenjie Wang – Tuesdays 1 – 3 p.m. in Consultation Room A.
Copyright with Sara Benson – Tuesdays 11 a.m. – 12 p.m. in Consultation Room A.
Media and design with JP Goguen – Thursdays 10 a.m. – 12 p.m. in Consultation Room A.
Data analysis with the Cline Center for Advanced Social Research – Thursdays 1 – 3 p.m. in Consultation Room A.
Statistical consulting with the Center for Innovation, Technology, and Learning (CITL) – 10 a.m. – 5 p.m. Mondays, Tuesdays, Thursdays, and Fridays, as well as 10 a.m. – 4 p.m. Wednesdays in Consultation Room B.

Finally, a Technology Services help desk has moved into Room 220. They are available 10 a.m. – 5 p.m. Mondays-Fridays to assist patrons with questions about password security, email access, and other technology needs.

Spatial Computing and Immersive Media Studio

Later this fall, we will launch the Spatial Computing and Immersive Media Studio (SCIM Studio) in Grainger Library. SCIM Studio is a black-box space focused on emerging technologies in multimedia and human-centered computing. Equipped with 8K 360 cameras, VR and AR hardware, a 22-channel speaker system, Azure Kinect Depth Cameras, Greenscreen, and a Multi-Camera and display system for Video Capture & Livestreaming, SCIM Studio will cater to researchers and students interested in utilizing the cutting edge of multimedia technology. The Core i9 workstation equipped with Nvidia A6000 48GB GPU will allow for 3D modeling, Computer Vision processing, Virtual Production compositing, Data Visualization/Sonification, and Machine Learning workflows. Please reach out to Jake Metz if you have questions or a project you would like to pursue at the SCIM Studio and keep your eye on our website for launch information.

Have Questions?

Please continue to contact us through email (sc@library.illinois.edu) for any questions about the Scholarly and Media Commons this year. Finally, you can check out the new Scholarly Commons webpage for more information about our services, as well as our staff directory to set up consultations for specific services.

We wish you all a wonderful semester and look forward to seeing you here at the Scholarly and Media Commons!

Introducing Drop-In Consultation Hours at the Scholarly Commons!

Posted on February 14, 2022 by Ryan Yoakum

Do you have a burning question about data management, copyright, or even how to work Adobe Photoshop but do not have the time to set up an appointment? This semester, the Scholarly Commons is happy to introduce our new drop-in consultation hours! Each weekday, we will have an expert from a different scholarly subject have an open hour or two where you can bring any question you have about that’s expert’s specialty. These will all take place in room 220 in the Main Library in Group Room A (right next to the Scholarly Commons help desk). Here is more about each session:

Mondays 11 AM – 1 PM: Data Management with Sandi Caldrone

Starting us off, we have Sandi Caldrone from Research Data Services offering consultation hours on data management. Sandi can help with topics such as creating a data management plan, organizing/storing your data, data curation, and more. She can also help with questions around the Illinois Data Bank and the Dryad Repository.

Tuesdays 11 AM – 1 PM: GIS with Wenjie Wang

Next up, we have Wenjie Wang from the Scholarly Commons to offer consultation about Geographic Information Systems (GIS). Have a question about geocoding, geospatial analysis, or even where to locate GIS data? Wenjie can help! He can also answer any questions related to using ArcGIS or QGIS.

Wednesdays 11 AM – 12 PM: Copyright with Sara Benson

Do you have questions relating to copyright and your dissertation, negotiating an author’s agreement, or seeking permission to include an image in your own work? Feel free to drop in during Copyright Librarian Sara Benson’s open copyright hours to discuss any copyright questions you may have.

Thursdays 1-3 PM: Qualitative Data Analysis with Jess Hagman

Jess Hagman from the Social Science, Health, and Education Library is here to help with questions related to performing qualitative data analysis (QDA). She can walk you through any stage of the qualitative data analysis process regardless of data or methodology. She can also assist in operating QDA software including NVivo, Atlas.ti, MAXQDA, Taguette, and many more! For more information, you can also visit the qualitative data analysis LibGuide.

Fridays 10 AM – 12 PM: Graphic Design and Multimedia with JP Goguen

To end the week, we have JP Goguen from the Scholarly/Media Commons with consultation hours related to graphic design and multimedia. Come to JP with any questions you may have about design or photo/video editing. You can also bring JP any questions related to software found on the Adobe Creative Cloud (such as Photoshop, InDesign, Premiere Pro, etc.).

Have another Scholarly Inquiry?

If there is another service you need help with, you are always welcome to stop by the Scholarly Commons help desk in room 220 of the Main Library between 10 AM – 6 PM Monday-Friday. From here, we can get you in contact with another specialist to guide you through your research inquiry. Whatever your question may be, we are happy to help you!

Introductions: What is Digital Scholarship, anyways?

Posted on March 18, 2021 by Mallory E. Untch

This is the beginning of a new series where we introduce you to the various topics that we cover in the Scholarly Commons. Maybe you’re new to the field or you’re just to the point where you’re just too afraid to ask… Fear not! We are here to take it back to the basics!

What is digital scholarship, anyways?

Digital scholarship is an all-encompassing term and it can be used very broadly. Digital scholarship refers to the use of digital tools, methods, evidence, or any other digital materials to complete a scholarly project. So, if you are using digital means to construct, analyze, or present your research, you’re doing digital scholarship!

It seems really basic to say that digital scholarship is any project that uses digital means because nowadays, isn’t that every project? Yes and No. We use the term digital quite liberally…If you used Microsoft Word to just write your essay about a lab you did during class – that is not digital scholarship however if you used specialized software to analyze the results from a survey you used to gather data then you wrote about it in an essay that you then typed in Microsoft Word, then that is digital scholarship! If you then wanted to get this essay published and hosted in an online repository so that other researchers can find your essay, then that is digital scholarship too!

Many higher education institutions have digital scholarship centers at their campus that focus on providing specialized support for these types of projects. The Scholarly Commons is a digital scholarship space in the University Main Library! Digital scholarship centers are often pushing for new and innovative means of discovery. They have access to specialized software and hardware and provide a space for collaboration and consultations with subject experts that can help you achieve your project goals.

At the Scholarly Commons, we support a wide array of topics that support digital and data-driven scholarship that this series will cover in the future. We have established partners throughout the library and across the wider University campus to support students, staff, and faculty in their digital scholarship endeavors.

Here is a list of the digital scholarship service points we support:

You can find a list of all the software the Scholarly Commons has to support digital scholarship here and a list of the Scholarly Commons hardware here. If you’re interested in learning more about the foundations of digital scholarship follow along to our Introductions series as we got back to the basics.

As always, if you’re interested in learning more about digital scholarship and how to support your own projects you can fill out a consultation request form, attend a Savvy Researcher Workshop, Live Chat with us on Ask a Librarian, or send us an email. We are always happy to help!

Thinking Beyond the Four Factors

Posted on February 19, 2021 by Sarah Appedu

Every year, libraries and other information professionals recognize Fair Use Week, a week dedicated to educating our communities about the power of Fair Use to help them make informed and responsible decisions about their use of copyrighted materials.

For example, the University Library at the University of Illinois will be sponsoring a Fair Use Week Game Show, hosted by Copyright Librarian Sara Benson. This event will teach participants about how to conduct a Fair Use analysis in a fun and engaging manner in hopes of getting our campus excited about the possibilities that Fair Use opens.

When considering whether your use of a copyrighted work is a Fair Use, there are 4 main factors to consider: Purpose, Nature, Amount, and Effect.

Purpose refers to your intended use of a work and specifically considers whether you are using it for educational purposes, which is more likely to be considered a fair use, or for profit, which weighs against Fair Use. Nature refers to the work itself. Factual and published works are more likely to be considered a Fair Use than creative or unpublished works.

Amount considers how much of the work you intend to use. Using a small or less important portion of the work is more likely to be a Fair Use, while using the whole work or the “heart” of the work is less likely to be a Fair Use. Lastly, Effect looks at the potential market impact of your use of the work. If it is likely your use would impact the original creator’s ability to profit off their work, your use is less likely to be considered a Fair Use.

In order to make a Fair Use determination, courts weigh each of the four factors holistically to decide whether your use of a copyrighted work is allowed. However, could there be more to a fair use than the four factors used by the courts?

“File:Johnny-automatic-scales-of-justice.svg” by johnny_automatic is marked with CC0 1.0

Using another person’s copyrighted material may not just be a legal question, but an ethical one. For example, many libraries make cultural artifacts taken from indigenous people available to the world. As these items get digitized, libraries are typically the copyright owners for the digital version. While doing your Fair Use analysis, it may be worthwhile to also consider whether the community these items were taken from would approve of your use of the material, even if a court would rule that your use is fair.

Another example is the use of personal photos, which the internet makes readily available online. While your use of these photos may be considered a Fair Use after weighing the four factors, is it ethical to include images of other people’s faces in your work without their permission?

Fair Use gives us guidance about how to avoid being sued for copyright infringement and arguments to defend ourselves if we do. But, Fair Use may not always be enough to tell you whether your use is ethical. When in doubt, you can ask your local librarian for tips and resources on using someone else’s copyrighted materials ethically and responsibly.

In the meantime, you can check out the Fair Use page on our Copyright Reference Guide, which contains several resources to help you think through your own Fair Use analysis. Happy Fair Use week!

U of I System Weighs in on Sovereign Immunity

Posted on October 15, 2020 by Sarah Appedu

In June 2020, the United States Copyright Office put out a request for public input on issues related to states’ liability in cases of copyright infringement. This topic was brought to public attention in March during Alan v. Cooper, where the Supreme Court found it unconstitutional to repeal state’s sovereign immunity in cases of copyright infringement since there was not enough evidence to justify this action. This means that creators whose copyright is violated by the state do not have clear next steps for how to proceed with litigation.

To determine how to move forward, the U.S. Copyright Office was asked to study the extent to which states violate copyright, whether there is a remedy for the creator, and whether the violation is a result of intentional or reckless behavior. The study will inform the decision to repeal this immunity enjoyed by states, which would certainly have consequences for institutions like universities and libraries.

Reading room of the Main Library at the University of Illinois. Large room with tall white ceiling, large windows, light fixtures, and wooden tables and chairs.

“Main Library”. wabisabi2015. Licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 2.0 license. https://flic.kr/p/238q6et

As a state-funded, land-grant institution, the University of Illinois system is a major stakeholder in this conversation. The University system both consumes and creates a huge amount of copyrighted material and has a responsibility for making sure our community is following copyright law. We also need to make sure we have the freedom to use and share copyrighted materials to help foster the scholarly and educational mission of the institution.

So, Sara Benson, Copyright Librarian and interim head of the Scholarly Commons, and Scott Rice, Deputy University Counsel, submitted their own response to the United States Copyright Office on behalf of the University of Illinois system. They are currently awaiting a response, which is due by October 22, 2020. In this document, Sara describes some of the ways she educates our community on issues of copyright in her role at the library to help us all contribute to a culture of copyright awareness. This is because the responsibility for following copyright law primarily falls to individual people to make the right choices.

And, for the most part, we do! Sara and Scott say that the University system only experiences 3-6 copyright infringements a year, and that these infringements are not the result of intentional or reckless behavior. The University of Illinois community makes a good-faith effort not to infringe copyright, and will continue to be diligent in face of potential legislation that might increase our liability for copyright violations.

Maintaining our ability to use copyrighted materials in our teaching and research is a group effort. So what can you do to be a good copyright actor? Here are a few tips to get you started:

Cite your sources! Including attribution shows a good-faith effort to credit the original creator. While this doesn’t necessarily protect you from claims of infringement, it is helpful for showing that the work wasn’t used maliciously.
Learn about Fair Use! Fair Use is a great way to think through whether your use of copyrighted materials is permissible. But, keep in mind that only a lawyer can give you advice on whether your use is a fair use.
Ask for help! When in doubt, asking for a second opinion is a good way to avoid copyright infringement. Email Sara Benson at srbenson@illinois.edu with your copyright questions (please note that Sara cannot provide legal counsel).

Check out the library’s Copyright Reference Guide for even more tips on how to be a good copyright-actor!

New Register of Copyrights

Posted on October 1, 2020 by Michael Steffen

On September 21, the Librarian of Congress Dr. Carla Hayden announced her appointment of Shira Perlmutter as the next U.S. Register of Copyrights. While the Register of Copyrights (the Register) role may not be the most publicly visible position in the Library of Congress, the Register plays a significant role in influencing and upholding copyright laws.

Picture of Shira Perlmutter speaking at a podium

Shira Perlmutter, Register of Copyrights

To help you gain a better understanding of what the Register of Copyrights does and how they may impact your life as a researcher and/or consumer of public information, we created a list of important information you should know about the U.S. Copyright Office and the Register of Copyrights.

What is the Register of Copyrights?

The Register of Copyrights is the director of the U.S. Copyright Office, the principal federal agency that administers the U.S. Copyright Act. The Register is responsible for administering the provisions of copyright and related laws set out in Title 17 of the United States Code. The law directs the Register to advise Congress on national and international issues related to copyright laws, provide information and assistance on copyright matters to other federal agencies and the judiciary, conduct studies and programs regarding copyright, and participate in meetings of international intergovernmental organizations and meetings with foreign government officials.

Additionally, the Register is responsible for allocating financial and other resources to ensure that the Copyright Office’s programmatic mission and objectives are met. The Register oversees Copyright Office employee functions such as registration, recordation, statutory licensing, law and policy, public information and education, operations, and modernization program activities.

Who is Shira Perlmutter?

Shira Perlmutter is one of the nation’s most preeminent copyright experts. Prior to her appointment as the 14th U.S. Register of Copyrights, Shira Perlmutter served as the United States Patent and Trademark Office’s (USPTO) Chief Policy Officer and Director for International Affairs.

All together, Perlmutter has more than 20 years of experience working on copyright and other intellectual property issues, in a variety of public and private sector positions. During her tenure at the USPTO, she led the work of the Office of Policy and International Affairs in contributing to domestic and international IP policy development, represented the United States in negotiations at the World Intellectual Property Organization, oversaw the USPTO’s economic research, international education and IP attaché programs, and managed the USPTO’s work with the United States Trade Representative on matters involving IP and trade.

Coming into the position, Perlmutter has also been vocal about her advocacy of fair copyright laws. Prior to her appointment Perlmutter has given public lectures on copyright, stating that Americans desire copyright laws that make sense and that reflect the technologies currently in use. Furthermore, she has expressed desires for laws that keep pace with modern technology.

Implications of Perlmutter’s Appointment

With her new appointment as the Register of Copyrights, she is now in a position to potentially make some of those updates. Assuredly, one of the policy areas in copyright law that demands a new approach is technology.

For example, new technologies like facial recognition and artificial intelligence have been plagued by racial and gender bias, and Internet platforms like Facebook, YouTube, Instagram, and Twitter have amplified hate speech, disinformation, and conspiracy theories. Additionally, as digital streaming continues to establish its dominance in the music industry, it raises the question of how the federal government should modernize copyright laws for music and audio recordings.

Unlike her predecessors, Perlmutter will have to learn to provide guidance on copyright laws and privacy issues while dealing with big tech corporations with trillion dollar market caps and major lobbying influence. Depending on how she wields her influence, Perlmutter’s decisions as the new Register could have long-lasting implications in the fields of copyright, privacy, and intellectual property.

To learn more about the U.S. Copyright Office and Register Perlmutter, visit the Copyright Office’s website.

Resources Consulted:

Keyes, J. (2019, November 14). The Katy Perry Verdict Proves Our Music Copyright Laws Need a Tune Up. Retrieved September 28, 2020, from https://www.ipwatchdog.com/2019/08/29/katy-perry-verdict-proves-music-copyright-laws-need-tune/id=112644/.

U.S. Copyright Office. Leadership and Offices. Retrieved September 28, 2020, from https://www.copyright.gov/about/leadership/.

United States Patent and Trademark Office. (2020, September 21). Shira Perlmutter, USPTO Chief Policy Officer and Director for International Affairs, appointed Register of Copyrights. Retrieved September 28, 2020, from https://www.uspto.gov/about-us/news-updates/shira-perlmutter-uspto-chief-policy-officer-and-director-international.

It Takes a Campus – Episode Two with Harriett Green

Posted on April 23, 2020 by Mallory E. Untch

Resources mentioned:

SPEC Kit No. 357

University of Illinois Library Copyright Guide

For the transcript, click on “Continue reading” below.

Continue reading →

How We’re Celebrating the Sweet Public Domain

Posted on January 14, 2019 by William Tringali

This is a guest blog by the amazing Kaylen Dwyer, a GA in Scholarly and Communication Publishing

As William Tringali mentioned last week, 2019 marks an exciting shift in copyright law with hundreds of thousands of works entering the public domain every January 1^st for the next eighteen years. We are setting our clocks back to the year of 1923—to the birth of the Harlem Renaissance with magazines like The Crisis, to first-wave feminists like Edith Wharton, Virginia Woolf, and Dorothy L. Sayers, back to the inter-war period.

Copyright librarian Sara Benson has been laying the groundwork to bring in the New Year and celebrate the wealth of knowledge now publicly available for quite some time, leading up to a digital exhibit, The Sweet Public Domain: Honey Bunch and Copyright, and the Re-Mix It! Competition to be held this spring.

A collaborative effort between Benson, graduate assistants, and several scholarly contributors, The Sweet Public Domain celebrates creative reuse and copyright law. Last year, GA Paige Kuester spent time scouring the Rare Book and Manuscript Library in search of something that had never been digitized before, something at risk of being forgotten forever, not because it is unworthy of attention, but because it has been captive to copyright for so long.

We found just the thing—the beloved Honey Bunch series, a best-selling girls’ series by the Stratemeyer Syndicate. The syndicate become known for its publication of Nancy Drew, the Hardy Boys, the Bobbsey Twins, and many others, but in 1923 they kicked off the adventures of Honey Bunch with Just a Little Girl, Her First Visit to the City, and Her First Days on the Farm.

Through the digital exhibit, The Sweet Public Domain: Honey Bunch and Copyright, you can explore all three books, introduced by Deidre Johnson (Edward Stratemeyer and the Stratemeyer Syndicate, 1993) and LuElla D’Amico (Girls Series Fiction and American Popular Culture, 2017). To hear more about copyright and creative reuse, you can find essays by Sara Benson, our copyright librarian, and Kirby Ferguson, filmmaker and producer of Everything is a Remix.

If you are a student at the University of Illinois at Urbana-Champaign, you can engage with the public domain by making new and innovative work out of something old and win up to $500 for your creation. Check out the Re-Mix It! Competition page for contest details and be sure to check out our physical exhibit in the Marshall Gallery (Main Library, first floor east entrance) for ideas.

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