Written by: Haim Ravia, Dotan Hammer
A recent U.S. Copyright Office report addresses copyright protection for AI-generated content, concluding that existing legal doctrines are sufficient to resolve questions of copyrightability. The report also dismisses the arguable need for additional copyright protection for purely AI-generated content.
The report, which analyzed over 10,000 public comments received in response to a Notice of Inquiry, emphasizes that copyright law has historically adapted to new technologies and can be applied on a case-by-case basis to determine whether AI-generated outputs merit protection based on sufficient human contribution.
The Copyright Office asserts that copyright protection is available for AI-generated content where AI is used as a tool to assist human creativity, and where a human sufficiently determines the expressive elements of the output. The report warns that granting further legal protection to AI-generated content could flood the market with low-quality works, potentially disincentivizing human creators.
Most significantly, the report finds that prompts alone are unlikely to satisfy the requirements for copyright protection. The report also highlights that human authors are entitled to copyright in their works of authorship that are perceptible in AI-generated outputs, as well as in their creative selection, coordination, arrangement, or modification of material in the outputs.
The Copyright Office’s report is not legally binding, but its professional position carries a weight that may impact future court decisions.
Click here to read the full report: Copyright and Artificial Intelligence. Part 2: Copyrightability (U.S. Copyright Office).
