Copyright CLE 2024: AI, Fair Use & Law Updates

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Here’s what copyright lawyers need to know for 2024:

AI challenges copyright ownership and infringement rules
Fair use interpretations are changing, especially for digital works
New laws and court cases are reshaping copyright protection

Key areas of focus:

Topic	Main Issues
AI	Ownership of AI-created works, using copyrighted data for AI training
Fair Use	Transformative use, market impact, application to AI and big data
Legal Updates	New laws on AI and digital rights, international copyright changes
Registration	Proper filing, avoiding common mistakes, digital copyright suits
DMCA	Safe harbor rules, takedown processes, AI content moderation
Ethics	Conflicts of interest, client confidentiality, using AI tools ethically

Lawyers must stay current on these rapidly evolving issues to effectively advise clients and navigate copyright law in the digital age.

Copyright CLE Requirements

Lawyers need to keep learning about copyright law. This is called Continuing Legal Education (CLE). It’s important for lawyers to know the CLE rules to keep their licenses and stay up-to-date.

What Are CLE Credits?

CLE credits are points lawyers get for taking classes. These credits help lawyers:

Learn about new tech and changes in law
Understand new rules
Get better at their jobs

Lawyers start earning CLE credits after they finish law school.

CLE Rules in Different States

Each state has its own CLE rules. Here’s what can be different:

What Changes	How It’s Different
Hours needed	Some states ask for more, some for less
How often to report	Every 1 to 3 years
When it’s due	Different dates in each state
What counts	Some activities may not count in all states
Topics to study	Some states say you must learn about certain things

New York has special rules:

New lawyers (2 years or less): 16 hours each year
Other lawyers: 24 hours every two years

New York also says lawyers must learn about ethics, diversity, and online safety.

Ways to Get CLE Credits

Lawyers can get CLE credits by:

Watching online classes
Going to big meetings
Taking courses on the internet
Going to classes in person
Writing about law
Teaching law classes

Remember: Each state might count these activities differently. Lawyers should check with their state’s bar association to make sure they’re following the rules.

AI in Copyright Law

AI is changing how we think about copyright law. It’s creating new questions for people who make things, use things, and work with the law.

How AI Affects Copyright

AI changes copyright in these ways:

Making Content: AI can now write, draw, and make music, which makes it hard to know who the real creator is.
Learning Data: AI learns from lots of copyrighted stuff, which might not be okay.
Finding Problems: It’s hard to tell if AI or a person made something, so it’s tough to protect copyrights.

Legal Issues with AI

Here are the main legal problems:

Who Owns It: We don’t know who owns things AI makes – the AI maker, the user, or no one.
Fair Use: We’re not sure if it’s okay for AI to learn from copyrighted stuff.
Spotting Fakes: It’s hard to tell AI-made things from human-made things.

AI Copyright Cases

Here are some recent cases about AI and copyright:

Case	What It’s About	What Happened
Thaler v. Perlmutter	Can AI own art?	U.S. Copyright Office said no
Getty Images v. Stability AI	Using copyrighted photos to teach AI	Still in court
Universal Music v. Anthropic	AI writing song words	Just started in court

New Rules Coming for AI

People are talking about making these rules:

Saying when AI made something
Rules for using copyrighted stuff to teach AI
Deciding if AI-made things can have copyrights
Getting countries to agree on AI and copyright rules

As AI keeps changing, copyright laws need to change too. Lawyers need to keep learning about this to help their clients.

Fair Use in 2024

Fair use rules are changing in 2024, especially for AI and digital works. Lawyers need to know these changes to help their clients.

Fair Use Basics

Fair use lets people use copyrighted stuff without asking. It depends on four things:

Why and how it’s used
What kind of work it is
How much is used
How it affects the market

Judges look at all these things to decide if it’s fair use.

Recent Fair Use Cases

Some big cases have changed fair use rules:

Case	Year	What Changed
Warhol v. Goldsmith	2023	Made it harder to claim "transformative use"
Sedlik v. von Drachenberg	2024	Said tattoos based on photos can be fair use
Whyte Monkee Prods. v. Netflix	2024	Applied new Warhol rules to documentaries

These cases show how fair use rules keep changing, especially for creative works.

New Fair Use Trends

Courts are looking at fair use differently now:

They’re more careful about "transformative use" claims
They care more about how it affects the market
They think about AI’s role in making content
They look at how big data sets are used to train AI

Judges are trying to apply old rules to new tech and ways of making things.

Fair Use for Digital and AI Works

Using fair use for digital content and AI-made works is tricky:

Issue	Question
AI Training Data	Is it fair use to train AI on copyrighted works?
AI-Generated Content	Is it fair use when AI makes new stuff based on copyrighted works?
Big Data Analysis	Is it fair use to analyze lots of copyrighted works for AI?

In 2024, we don’t have clear answers yet. Lawyers and courts are still figuring it out.

Lawyers need to keep learning about these changes to help their clients with fair use, tech, and creative work issues.

Copyright Law Changes

New Laws in 2023

In 2023, new copyright laws were made to deal with AI and digital tech issues:

Law	What It Does
AI Copyright Protection Act	– Says who owns AI-made works – Sets rules for using copyrighted stuff to train AI
Digital Creators Rights Act	– Helps online creators protect their work – Makes it easier to stop copyright breaking online

These laws try to update copyright rules for new tech.

New Copyright Bills Being Talked About

Congress is looking at these new copyright bills:

1. The Fair Use Modernization Act

This bill wants to update fair use rules for AI and machine learning:

Make it okay to use more copyrighted stuff for AI training
Make clearer rules about changing copyrighted works in the digital world

2. The Copyright Small Claims Enforcement Act

This bill wants to help with small copyright fights:

Make a small court for copyright cases under $30,000
Make it easier for small creators to protect their work

Recent Court Decisions

Some big court cases have changed copyright rules:

Case	What the Court Said	What It Means
Authors Guild v. OpenAI	AI companies can’t copy whole books to train AI without asking	AI companies need to be careful about using copyrighted books
Spotify v. Kobalt Music Publishing	Music streaming services must get licenses for all songs	Streaming services might have to pay more to use songs
Getty Images v. Stability AI	AI-made pictures based on copyrighted photos might break the law	Photo owners might be able to stop AI from copying their work

These cases show how courts are trying to balance new tech with old copyright rules.

Copyright Changes Around the World

Changes in other countries are affecting U.S. copyright:

EU made new rules for online platforms, which might change how U.S. companies work online
Canada now protects copyrights for life plus 70 years, just like the U.S.
Japan says it’s okay to use copyrighted stuff for text and data mining, which might lead to talks about doing the same in the U.S.

U.S. copyright lawyers now need to think about these world changes when helping clients, especially if they work in different countries or share content online.

Copyright Registration and Lawsuits

How to Register Copyright

To register your copyright in 2024:

1. Pick the right form: Use the Standard Application for most works or the Single Application for one author’s unpublished work.

2. Get your info ready: Have details about your work, like title, when it was published, and who made it.

3. Do it online: Use the U.S. Copyright Office’s website. It’s faster and costs less.

4. Do it on time: Register within 3 months of publishing or before someone copies your work to get the most legal help.

Registration Mistakes to Avoid

Mistake	Problem	How to Fix
Missing info	Slows things down	Check everything before you send it
Wrong info	Might not count	Make sure names, dates, and work details are right
Waiting too long	Less legal protection	Register soon after you make or publish your work
Not updating	Missing protection	Update when you change your work
Not registering all versions	Gaps in protection	Register each big change to your work
Forgetting other countries	Limited rights worldwide	Think about registering in other countries too

Digital Copyright Lawsuits

When dealing with online copyright issues:

Get proof: Save evidence of online copying.
Know website rules: Learn how to ask websites to take down copied stuff.
Use DMCA notices: Send these to quickly remove copied content.
Try talking it out: Sometimes it’s faster and cheaper than going to court.

Court Decisions and Lawsuits

Recent court cases are changing copyright rules:

1. AI cases: Courts are figuring out how AI affects copyright. For example, OpenAI got sued for using books to train AI without asking.

2. Fair use changes: Courts are deciding new rules about using copyrighted stuff for AI and other tech.

3. Proving money loss: New cases show you need good proof to show how much money you lost from copying.

4. Where to sue: It’s hard to know where to sue when someone copies stuff online. Lawyers have to think carefully about this.

DMCA Updates

DMCA

DMCA Safe Harbor Rules

The DMCA safe harbor rules protect online service providers from being sued for copyright infringement when users upload content. To get this protection, providers must:

Requirement	Description
Repeat infringer policy	Have rules to stop repeat offenders
Quick removal	Take down infringing content fast when notified
Designated agent	Have someone to receive takedown notices
No knowledge of infringement	Not know about the infringement

Providers need to follow these rules carefully to avoid legal problems.

DMCA Legal Challenges

People are questioning the DMCA’s notice and takedown process. Main issues include:

Automatic systems removing good content by mistake
Not thinking about fair use when taking down content
Small websites struggling to handle takedown requests

Courts are trying to balance copyright owners’ rights with free speech online.

Possible DMCA Changes

People want to fix some DMCA problems:

Make a system to keep infringing content down
Make it easier to fight wrong takedowns
Ask for more details about what’s being infringed
Punish people who send fake takedown notices

These changes could affect how copyright works online for creators and websites.

DMCA and AI Technology

AI is creating new copyright questions:

Issue	Question
AI training	Is it okay to use copyrighted stuff to train AI?
AI-made content	How to handle takedowns for AI-created content?
AI content checking	Should AI help find infringing content?

As AI grows, the DMCA might need to change to handle these new issues.

Industry-Specific Copyright Issues

Music Copyright

Recent changes in music copyright law have affected the industry:

Change	Effect
Music Modernization Act	Made digital streaming licensing easier
More lawsuits about sampling	Need to be more careful when using samples
AI-made music	New questions about who made the music

Musicians and record companies need to know these changes to protect their work.

Visual Art Copyright

Visual artists have special problems protecting their work:

Online sharing: Hard to stop people from copying art online
NFTs: New questions about who owns digital art
AI-made art: Debates about who can copyright AI art

Ways to protect art:

Always use watermarks
Register copyrights quickly
Use blockchain to track who owns the art

Software and Game Copyright

Things software and game makers need to think about:

Issue	Copyright Concerns
Using open source parts	Need to follow license rules carefully
Content made by users	Need clear rules for users
Using AI to help make software	Might be hard to say who made the software

Makers should keep good records and think about storing their code safely.

Book and E-book Copyright

Digital books have changed copyright for writers:

E-book copying: Need more ways to stop illegal copying
Print-on-demand: New questions about when a book is published
Audiobook rights: More important in book contracts now

Writers and publishers need new ways to protect their work in different formats. They need to be careful when writing contracts.

Global Copyright Issues

Copyright Treaties

Main international treaties for copyright protection:

Treaty	Year	What It Does
Berne Convention	1886	Oldest; sets basic rules
WIPO Copyright Treaty	1996	Deals with digital tech
TRIPS Agreement	1995	Links copyright to trade

These treaties set basic rules for copyright in many countries, including:

What kinds of work are protected
How long protection lasts
What exceptions are allowed
Rules for treating foreign works the same as local ones

Enforcing Copyright Worldwide

It’s hard to enforce copyright across borders because:

Laws are different in each country
It’s unclear who’s in charge for online copying
Some countries don’t enforce copyright well

Digital platforms make this harder. The music industry loses about $2.7 billion each year from copying across borders.

Making Copyright Laws Similar

It’s tough to make copyright laws the same everywhere because:

Countries think about copyright differently
Countries have different money interests
Tech changes faster than laws

The EU tries to make its laws similar, but EU and US laws are still different, especially about fair use and registering copyrights.

Trade Deals and Copyright

Trade deals now affect copyright:

How Trade Deals Affect Copyright
Include rules about copyrights
Push countries to change their laws
Might punish countries that don’t protect copyrights

As more business happens online, trade rules and copyright laws will keep getting more connected.

Ethics in Copyright Law

Lawyers who work with copyright law face special ethical challenges. As technology changes, lawyers must handle tricky ethical issues to do their job well and help their clients.

Lawyer Ethics in Copyright

Duty	What It Means
Know the law	Keep up with new copyright laws and AI rules
Work hard	Look into copyright issues carefully, especially new AI cases
Talk clearly	Explain hard copyright ideas and AI stuff to clients
Stand up for clients	Fight for clients while respecting the law

Lawyers also need to be careful about helping both small creators and big companies with copyright.

Conflict of Interest Issues

Lawyers must be careful about conflicts of interest:

Don’t help both creators and distributors in the same case
Tell clients if you have connections to music, publishing, or other related businesses
Be careful when giving advice about AI-made works if you also work with AI companies

Lawyers should check for conflicts and get client permission when needed.

Client Confidentiality

Keeping client information secret is very important:

1. Protect secrets: Keep private information about how things are made or how AI works safe

2. Don’t share too much: Only share what’s needed when registering copyrights or going to court

3. Use safe ways to talk: Use secure methods when talking about sensitive copyright stuff, especially about AI-made content

4. Teach your team: Make sure everyone who works with you knows how to keep things secret

AI and Legal Ethics

Using AI in copyright work brings new ethical issues:

AI Ethics Issue	What to Do
Be open about using AI	Tell clients if you use AI for research or writing
Watch AI tools closely	Check AI work and make sure it’s right
Look for AI bias	Check AI copyright tools for unfairness and fix it
Keep data safe	Make sure AI follows rules about protecting information

As more lawyers use AI for copyright work, they need to think about these new issues while still following their professional rules.

Future of Copyright Law

Copyright law is changing because of new tech. AI and machine learning are making us rethink old ideas about who makes things and how.

Expected Law Changes

Human Makers: Laws might change to include AI-made works.
Fair Use: Rules about fair use might change for AI training and what AI makes.
How Long Copyright Lasts: People might talk about changing how long AI-made works are protected.

New Tech and Copyright

New tech is changing copyright:

Tech	How It Affects Copyright
AI	Makes us rethink who makes things
Blockchain	Could change how we register and track copyrights
VR/AR	Might need new rules for protecting virtual stuff

These new tools are pushing what copyright can protect, so laws need to change.

Upcoming Legal Changes

Some new laws might be coming:

1. AI Copyright Rules: There might be new rules just for AI-made works.

2. Global Rules: Countries might try to make their copyright laws more alike, especially for AI and online content.

3. Website Rules: New laws might say what websites have to do about copyright.

4. Data Rights: Copyright laws might cover data used to train AI.

Getting Ready for New Issues

People who work with copyright should get ready for new problems:

Learn: Keep learning about AI and copyright changes.
Change How You Work: Be ready to change how you handle copyright as tech changes.
Talk: Join talks about new copyright rules.
Use New Tools: Use AI and blockchain to manage copyright better.

As people make new kinds of things, copyright law needs to protect creators but also let new ideas grow.

Conclusion

In 2024, copyright law is changing fast because of AI, fair use, and new legal decisions. Lawyers who work with copyright need to keep learning about these changes:

Main Changes in Copyright Law

Area	What’s Changing
AI	Questions about who owns AI-made content
Fair Use	New rules for using copyrighted stuff, especially for digital and AI works
Laws	Courts and lawmakers trying to update old rules for new tech

What Lawyers Need to Do

1. Keep Learning: Take classes and read about new copyright rules, especially for AI

2. Think Carefully: Look at how fair use is changing, especially for digital and AI-made works

3. Help Clients: Explain new copyright ideas clearly to people who need help

Big Issues for the Future

Finding ways to protect what people make while still letting new ideas grow
Figuring out how to apply copyright rules to AI-made content
Helping creators and users understand the new rules for using copyrighted stuff

As tech keeps changing, copyright lawyers need to stay up-to-date to help their clients and follow the law.

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