On September 6, 2023, California Governor Gavin Newsom signed Executive Order N-12-23 (the “Executive Order”) relating to the use of generative artificial intelligence (“GenAI”) by the State, as well as preparation of certain reports assessing the equitable use of GenAI in the public sector. The Executive Order instructs State agencies to look into the potential risks inherent with the use of GenAI and creates a blueprint for public sector implementation of GenAI tools in the near future. The Executive Order indicates that California is anticipating expanding the role that GenAI tools play in aiding State agencies to achieve their missions, while simultaneously ensuring that these State agencies identify and study any negative effects that the implementation of GenAI tools might have on residents of the State. The Executive Order covers a number of areas, including:
On 16 March 2023, the US Copyright Office (“USCO”) published guidance on the registration of works containing AI-generated content. The USCO’s policy statement was released against the backdrop of the proliferation of generative AI tools which are able to create content based on user prompts. The USCO ultimately concluded that the “authorship” requirement of US copyright law refers to “human authorship” (in line with prior case law) and appears to reject the extension of copyright to works generated with the aid of AI technology outside of the user’s control.