The U.S. Copyright Office has released a report titled, “Copyright and Artificial Intelligence: Part 2 Copyrightability.” The report is in response to comments by interested parties concerning the copyrightability of AI generated outputs. The report has a helpful summary of the approach of other countries. The full report is available, here. The report makes several conclusions and recommendations:
• Questions of copyrightability and AI can be resolved
pursuant to existing law, without the need for legislative change.
• The use of AI tools to assist rather than stand in for
human creativity does not affect the availability of copyright protection for
the output.
• Copyright protects the original expression in a work
created by a human author, even if the work also includes AI-generated
material.
• Copyright does not extend to purely AI-generated material,
or material where there is insufficient human control over the expressive
elements.
• Whether human contributions to AI-generated outputs are
sufficient to constitute authorship must be analyzed on a case-by-case basis.
• Based on the functioning of current generally available
technology, prompts do not alone provide sufficient control.
• Human authors are entitled to copyright in their works of
authorship that are perceptible in AI-generated outputs, as well as the
creative selection, coordination, or arrangement of material in the outputs, or
creative modifications of the outputs.
• The case has not been made for additional copyright or sui
generis protection for AI generated content.
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