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US Copyright Office Affirms Human Involvement Crucial for AI Generated Works Copyright

The US Copyright Office recently issued guidance on the copyrightability of AI-generated works asserting that current laws are sufficient to address authorship rights in AI-assisted creations. The office maintains that the debate on AI copyright was largely resolved in 1965 emphasizing the need for human involvement in copyrightable works.

Historical Context

The Copyright Office refers to a 1965 decision that addressed authorship questions in computer-assisted works concluding that human involvement is crucial for copyright protection.

Human Involvement

The guidance stresses that works entirely generated by AI cannot be copyrighted due to insufficient human control. However AI-assisted works where humans play a significant role can be protected.

Prompting and Control

The office conducted tests and concluded that prompting alone does not provide enough control over AI outputs to warrant copyright protection for purely AI-generated content.

Case-by-Case Review

The Copyright Office will continue to review AI disclosures on a case-by-case basis determining which parts of a work are human-authored and thus eligible for copyright.

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