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| 1 minute read

Congress or Courts? How Will AI Laws Be Written?

Creators in all industries are pressuring Congress to write and approve laws that protect various Intellectual Property from alleged misuse by artificial intelligence (AI) technology. Newspapers, authors, musicians, and others have brought AI companies to court over alleged copyright infringement and various other related claims. The courts will eventually rule on AI issues, including how fair use comes into play, however, these cases will likely take years to come to a final determination. In the meantime, many believe Congress should act.

Many are clamoring for Congress to take action, but Congress has a tough job - balancing the creative industries' Intellectual Property rights with a burgeoning technological renaissance. AI companies would prefer a more relaxed approach to regulations and Intellectual Property law, whereas Intellectual Property owners want the strictest restrictions. Adding to the complicated situation are other countries which are developing more AI-friendly laws, like China, Japan, and Israel, which are arguably setting themselves up to be more desirable locations for AI companies to be headquartered.  

The range of AI issues Congress and courts are tasked with handling run the gamut: (1) use of copyrighted works to train AI, (2) AI output that is “in the style” of a particular artist, (3) misuse of rights of publicity to create deep fakes that confuse the public (an AI deep fake was used to interfere with the 2024 election by impersonating President Biden in a fake robocall) or violate a person's privacy (deep fake pornographic images of Taylor Swift circulated the internet without the singer's consent), and many more. The lawmakers' response to these issues will hopefully be nuanced, but broad to address many different variations of concerns. 

While Congress has begun to address these issues by creating a bipartisan group dedicated to AI issues, led by Senate Majority Leader Chuck Schumer (D-N.Y.), many argue there needs to be quick action on the subject, especially in light of the upcoming election. Whether Congress holds off on many of these issues, allowing the courts to come to their own conclusions, or if the legislature acts by drafting bills, either by sweeping reform or piecemeal, on an issue-by-issue basis, remains unclear at this time. 

There is little agreement among regulators and lawmakers around the world on how artificial intelligence should — or even could — be controlled.


artificial intelligence, intellectual property, copyright law, rights of publicity, ip, ai