U.S. Copyright Office Clarifies Stance on AI-Generated Works
The U.S. Copyright Office's recent report emphasizes that human authorship is essential for copyright protection, outlining conditions under which AI-assisted works may qualify, and highlighting the adaptability of current laws to AI advancements.
Designed by Freepik
The U.S. Copyright Office has released Part 2 of its report on Copyright and Artificial Intelligence, focusing on the copyrightability of AI-generated content. The report underscores that human authorship and creativity are fundamental prerequisites for copyright protection under U.S. law.
It outlines that works featuring assistive use of AI, expressive human inputs, or creative selection and arrangement by humans may qualify for copyright protection, provided they meet the originality requirement. Conversely, AI-generated works relying solely on prompts are deemed insufficient for copyright eligibility.
The report also surveys international approaches, highlighting diverse standards, such as Japan’s case-by-case method and China’s broader attribution of authorship to AI users. Despite emerging debates, the Office sees no need for new legislation, asserting that current copyright laws are adaptable enough to accommodate AI advancements. It also warns that overprotecting AI outputs could undermine human creators and their incentives. Legal professionals are advised to focus on human involvement when evaluating copyright claims for AI-assisted works. A forthcoming Part 3 of the report will address issues related to AI training on copyrighted materials and associated liabilities