Understanding the U.S. Copyright Office’s Stance on AI and Copyright
Copyrightability of AI-Generated Works
The U.S. Copyright Office has clarified that works created solely by artificial intelligence (AI) do not qualify for copyright protection. This is because U.S. copyright law mandates human authorship for a work to be eligible for copyright. Consequently, any work entirely generated by AI lacks the necessary human authorship to be copyrighted. Learn more.
AI as a Tool in Creation
The use of AI as a tool in the creative process does not automatically disqualify a work from copyright protection. If a human author uses AI to assist in creating a work, that work can still be copyrighted, provided the human author contributes original content. Read more.
Guidance on Registration
In March 2023, the Copyright Office issued guidance on registering works containing AI-generated content. This guidance highlights that while AI-generated content itself cannot be copyrighted, works incorporating such content alongside human-generated elements may still be eligible for copyright protection. See the guidance.
Ongoing Studies and Reports
The Copyright Office is conducting ongoing studies to explore the implications of AI on copyright law. These studies examine how AI-generated works fit within existing legal frameworks and whether any changes to the law are necessary to address the challenges posed by AI technologies. Explore the study.
Public Engagement
The Office has engaged with the public through listening sessions and webinars to gather input on the evolving relationship between AI and copyright. This engagement aims to inform future policy decisions and potential legislative changes. Participate in sessions.