Author
Brandon White | VP, Marketing & Business Development | Techstreet
2023 World Standards Week – It’s a Wrap!
Photo by: Nate Partington
Day 3 of World Standards Week: Copyright Implications in a Changing Landscape
On Thursday, October 12, 2023, the American National Standards Institute (ANSI) hosted its annual Legal Issues Forum, which focused on the copyright implications of incorporating standards by reference (IBR) into law and the copyright implications of using artificial intelligence (AI) to develop standards.
Morning Session: Incorporated by Reference (IBR)
The morning session featured a panel discussion on what standards developing organizations (SDOs) need to consider as the IBR legal landscape changes. The panel was moderated by J. Kevin Fee, Esq., Partner, DLA Piper, LLP, and included panelists from both the private and public sectors.
The panel began by discussing the recent decision of the U.S. Court of Appeals for the DC Circuit in ASTM International v. Public.Resource.Org, Inc. In that case, the court held that the non-commercial dissemination of IBR’d standards by a non-profit group constituted fair use under the copyright laws.
The panel discussed the potential impact of the ASTM decision on the U.S. standards system and government reliance on standards developed by U.S. SDOs. The panelists noted that the decision could make it more difficult for SDOs to protect their copyrights in standards, particularly when the standards are incorporated into law.
The panelists also discussed several pending court cases that have called into question the copyrightability of IBR’d standards. The panelists noted that these cases could have a significant impact on the SDO community and the public’s access to standards.
Afternoon Session: Artificial Intelligence (AI)
The afternoon session featured a panel discussion on the copyright implications of using AI to develop standards. The panel was moderated by Justin Pierce, Esq., Partner and Co-Chair, Intellectual Property Division, Venable, and included panelists from the legal profession, standards organizations, and industry.
The panel began by discussing the unique legal issues that are raised by the intersection of copyright and AI. One of the key issues is who, if anyone, owns the copyright of AI-generated content. The panelists noted that there is no clear answer to this question under current copyright law.
The panel also discussed the potential perils of feeding standards content into AI tools and engines. One concern is that AI could be used to create copyrighted material that is substantially similar to existing standards. This could lead to copyright infringement claims against the SDOs that develop the standards.
The panel also discussed the opportunities of using generative AI to create content for standards. Generative AI could be used to create new standards, or to update existing standards more efficiently. The panelists noted that the use of generative AI in standards development is still in its early stages, but it has the potential to revolutionize the way that standards are created and maintained.
Conclusion
The ANSI Legal Issues Forum provided a valuable opportunity for stakeholders to learn about the latest copyright issues facing the standards community. The discussions at the forum highlighted the complex and evolving nature of copyright law in the digital age.
The forum also highlighted the importance of collaboration between the public and private sectors in addressing copyright challenges. By working together, SDOs, government agencies, and other stakeholders can develop solutions that protect the rights of copyright holders while also promoting innovation and access to standards.
Author
Brandon White | VP, Marketing & Business Development | Techstreet
