United States Copyright Office

In a recent public comment addressed to the United States Copyright Office, the Federal Trade Commission seemingly expanded upon remarks made at the National Advertising Division back in September that it will aggressively and proactively challenge alleged unfair practices involving artificial intelligence, even if that means stretching the meaning of “unfair” to increase its jurisdiction over such matters.

Bucking a legal trend in Europe, the United States Copyright Office recently recommended against adopting additional copyright-like protections for news publishers that would require online news aggregators to pay publishers for news content shared on their platforms.  In a report published on June 30, 2022, the Office found such protections to be unnecessary in light of copyright protections currently held by publishers in connection with their works, and noted that any change to U.S. copyright law that would increase publishers’ ability to block or seek compensation for the use of their works by news aggregators would “necessarily avoid or narrow limitations on copyright that have critical policy and Constitutional dimensions.”  Instead, the Office suggested that funding challenges faced by publishers would be better solved through other legal means, such as changes to competition law or tax policy.