United States of America: Signed Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence including copyright provisions

On 30 October 2023, the President of the United States signed an Executive Order (EO) on Safe, Secure, and Trustworthy Artificial Intelligence. The EO sets out measures to enhance the safety and security of AI, protect privacy, uphold equity and civil rights, ensure consumer protection, and encourage innovation and competition. The EO also includes provisions on intellectual property (IP). The order instructs agencies, including the US Patent and Trademark Office (USPTO) and the Copyright Office, to examine AI-related IP issues. Specifically, the USPTO Director will publish guidance on AI's role in patent inventorship within 120 days and offer additional guidance within 270 days. The EO also calls for collaboration with the Copyright Office Director to address copyright and AI issues. Recommendations to the President regarding copyright protection for AI-generated works and the treatment of copyrighted materials in AI training will be developed within 270 days or 180 days after the Copyright Office's AI study is published. Additionally, a program will be established by the Secretary of Homeland Security and the Attorney General to help AI developers mitigate IP risks associated with AI technologies.