The U.S. Copyright Office (USCO) has released a comprehensive 50-page report clarifying its stance on AI-generated works and copyright protection. The report, their second publication following an August 2023 AI inquiry, addresses key questions about artificial intelligence and copyright law.

Key findings from the report:

1. Works created entirely by AI cannot be copyrighted
2. Human-AI collaboration requires case-by-case evaluation
3. Prompts alone don't qualify for copyright protection
4. Only "perceptible human expressions" in AI-modified works are protected

The USCO's position on AI-generated content remains consistent with their previous decisions. For works combining human and AI input, the Office will continue evaluating copyright eligibility on a case-by-case basis. The report emphasizes that AI assistance in the creative process doesn't affect copyrightability when humans maintain substantial creative control.

Regarding prompts, the USCO concluded that current AI technology doesn't provide users sufficient control over outputs to warrant copyright protection. However, they acknowledge this might change as technology evolves.

For works modified by AI or containing AI components, copyright protection extends only to the human-created elements, similar to derivative work protection.

The Office maintains that existing copyright law adequately addresses current AI-related challenges, stating no immediate need for legislative changes. They will continue monitoring technological developments and their impact on copyright law.

A third report exploring AI model training, licensing, and liability issues is forthcoming.

Related Articles

Previous Articles