New Position of the U.S. Copyright Office on AI-Generated Works
The U.S. Copyright Office has released Part 2 of its report on legal and policy issues related to copyright and AI-generated work. This post analyzes the copyrightability of works created using generative AI.
Can AI-generated work be copyrighted?
The Office confirms that only works in which a human has determined sufficient expressive elements can be protected. This includes cases where human authorship is perceptible in the AI output or where a person creatively arranges or modifies the result. However, merely providing AI prompts is insufficient for copyright protection.
Does AI assistance affect copyright eligibility?
Using AI as a creative tool or incorporating AI-generated content into a human-authored work does not prevent copyright protection. The Office sees no need to amend existing laws to grant copyright to purely AI-generated works.
Why is human creativity central to copyright?
Copyright law is designed to protect human creativity. Extending its protection to AI-generated content without human input would undermine the fundamental goals of copyright law.
What’s next?
The report is being published in three parts. Part 1, released in July 2024, addressed unauthorized digital replicas. The upcoming Part 3 will explore the legal implications of training AI models on copyrighted works, including licensing and liability considerations. Additionally, the Office plans to update its March 2023 registration guidance and relevant sections of its Compendium of Practices.
Ukraine Grants Sui Generis Protection for AI-Generated Works in Intellectual Property
Unlike the U.S. approach, on 01 January 2023, Ukraine introduced a legal framework that grants sui generis (special) protection to AI-generated works. This means that even without direct human authorship, AI-generated content can receive intellectual property protection under a separate category of rights.
Since the United States sets many global trends, it is essential to closely follow the development of practice in the U.S. and monitor potential changes in domestic legislation. In this context, the challenge remains determining how AI-generated works will find their place within our legal system and how they will be granted appropriate legal protection.