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February 3, 2025
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Copyrightability of AI

Human Authorship Requirement: The Copyright Office reaffirmed its stance that copyright protection is only available to works created by humans. Writing complex prompts will not be enough to get copyright protection as the same most complex prompts gets different kind of output.

AI is a Tool: While AI-generated works without human authorship do not meet the criteria for copyright, the report acknowledged that AI can be used as a tool by human creators. In these cases, the human creator could potentially claim copyright in the resulting work, provided they meet the standard for human authorship.

AI-Generated Works with  Human Input: are

  • Direct modifications to AI outputs
  • Creative arrangements of AI-generated material
  • Your original content that remains visible in the final work

Implications for Future Copyright Law: The Report concludes:

  • Questions of copyrightability and AI can be resolved pursuant to existing law, without the need for legislative change
  • The case has not been made for additional copyright or sui generis protection for AI generated content.

The full report may be downloaded by clicking on the button at the top of this post!

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