WASHINGTON D.C. — In a statement Wednesday, the International Alliance of Theatrical Stage Employees (IATSE) commended Part 3 of the U.S. Copyright Office’s Report on artificial intelligence (AI), questioned the attempted firing of Register of Copyrights and Director of the Copyright Office Shira Perlmutter, and opposed Federal Preemption of State AI Protections as recently proposed in the House Republicans’ Budget Reconciliation Package.
1. Regarding the U.S. Copyright Office’s “Copyright and Artificial Intelligence, Part 3: Generative AI Training” Report:
“We commend the U.S. Copyright Office’s recent release of Copyright and Artificial Intelligence, Part 3: Generative AI Training. The report states that AI training is not categorically fair use and that fair use determinations depend on context and degree. This aligns with well-established case law, including the recent Supreme Court decision in Warhol v. Goldsmith.
The report concludes that “making commercial use of vast troves of copyrighted works to produce expressive content that competes with them in existing markets, especially where this is accomplished through illegal access, goes beyond established fair use boundaries.” This finding echoes IATSE’s position that tech billionaires and AI developers cannot circumvent established U.S. copyright law and commit intellectual property theft by scraping the internet for copyrighted works to train their models without permission from rightsholders. The theft of copyrighted works – domestically and internationally – threatens our hard-won health care benefits and retirement security.
In our view, the report offers a comprehensive, balanced, and common-sense approach that emphasizes the need to apply existing U.S. copyright law to generative AI training, thereby prioritizing the people involved in the creative process.”
2. IATSE Questions Legality of the Administration’s Attempt to Fire Register of Copyrights and Director of the U.S. Copyright Office Shira Perlmutter
“IATSE is deeply concerned by the Trump Administration’s attempt to dismiss Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office, just one day after the release of a report on the use of copyrighted materials to train generative AI models.
In this case, Perlmutter’s termination does not appear lawful or legitimate because Perlmutter is an employee of the legislative branch, not the executive. This situation remains unresolved, echoing the potentially unlawful dismissal of National Labor Relations Board (NLRB) Chair Gwynne Wilcox whose termination was challenged in court and remains under legal scrutiny.
This is a developing situation, and whether in fact Perlmutter’s firing was in retaliation for releasing the AI report is unclear. However, it wouldn’t surprise us to learn that tech billionaires are wielding their influence to interfere in our government for their own financial benefit. Shira Perlmutter has served with distinction as Register of Copyrights and she must be reinstated at the behest of Congress.”
3. IATSE Strongly Opposes Proposed Ban on State-Level AI Regulations Contained in House Republican Budget Reconciliation Package
“We strongly oppose a provision in the House Republican budget reconciliation package that would impose a ten-year ban on enforcement or enactment of all state-level artificial intelligence (AI) policies. This proposal, again backed by tech billionaires and corporations, seeks to override the will of the American people for common-sense AI safeguards, transfer sole authority to a historically gridlocked and slow-moving Congress, and delete all existing state AI policy to make the wild west AI landscape even more lawless.
So-called red states and blue states alike have been proactive in addressing the challenges posed by AI. For instance, Tennessee’s ELVIS Act protects artists from unauthorized AI-generated voice and likeness reproductions. New York’s AI Bill of Rights aims to ensure transparency and accountability in automated decision-making. In just the 2024 legislative session alone, at least 31 states, Puerto Rico and the Virgin Islands adopted AI resolutions or enacted AI legislation. Ultimately these initiatives demonstrate the critical role state-level policies play in safeguarding workers and consumers in the evolving AI landscape.
The proposed federal preemption threatens the jobs of behind-the-scenes entertainment workers and undermines the integrity of the American film, television, animation, gaming, and broader entertainment sectors. IATSE remains committed to protecting the rights and livelihoods of our members amid technological advancements.
As of today, the House budget reconciliation bill is a proposal, but we’re monitoring and there’s still time for us to push back, and for the bill to change. Removing the ban on state AI protections is one of many of IATSE’s key priorities with respect to the budget reconciliation package.
We urge lawmakers to reject this overreach and support policies that uphold fairness, transparency, and respect for American jobs in the creative industries.”
