AI Boom Calls for New Copyright Law, Says USPTO Chief Behind the DMCA

Bruce Lehman, head of USPTO from 1993 to 1998, joins Clause 8 for a wide-ranging conversation about the modern IP system, the internet boom, and why the AI era may require a new copyright response from Congress.Lehman helped shape internet-era copyright policy from the USPTO, including the work that led to the WIPO Copyright Treaties and the Digital Millennium Copyright Act (DMCA). He also played a major role in the broader 1990s pro-IP moment, when the United States was strengthening IP rights globally through TRIPS, WIPO, and trade policy.Now, Lehman argues that courts have spent the last two decades weakening copyright through an expansive view of fair use — creating a system where AI companies can train on massive amounts of human-created content without giving creators a meaningful stake. Asked whether new legislation is needed to protect creators in the AI age, Lehman does not hesitate: “The short answer is yes.”The episode also covers:*Lehman’s “patent pendulum” theory and why he believes the US is now in a low-protection IP era*How the DMCA emerged from the Clinton administration’s internet copyright work*TRIPS, WIPO, and the globalization of IP rights in the 1990s*Bayh-Dole and the rise of the university-to-startup pipeline*Lehman’s historic confirmation as the first openly gay man confirmed by the Senate*His role in turning the USPTO into a “prominent perch” for national IP policy*Gilbert Hyatt, submarine patents, and SAWS*USPTO telework, examiner retention, and modernization*His message that current leadership should “stop tormenting the Patent Corps”*The limits of AI — and why Lehman thinks it lacks the "metaphysical" spark behind true invention*Judge Pauline Newman and her pro-patent legacyWatch the full episode and read the companion post on Voice of IP: https://voiceofip.com/Subscribe to the Clause 8 YouTube channel for bonus content: https://www.youtube.com/@clause8Disclaimer This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit www.voiceofip.com