US Adapting Copyright Law To A.I. and LLMs

You’ve likely seen AI-generated pictures before, or maybe even created some yourself. You’ll be surprised to learn that on 16/03/2023, The Copyright Office released a policy statement clarifying its practices for examining, registering, and approving works containing AI content. We’re discussing authorship, the use of AI-generated content in art, and other important regulations.

What do you think about the legality of AI art? Will this have a positive impact on the industry or will it just bring AI art to the attention of more people? Let’s discuss it!

Copyright Registration Guidance for Works containing Material generated by Artificial Intelligence

The U.S. The U.S. 2023-05321). This is an important topic for artists and writers, programmers, and anyone who works with AI-generated material. Here are some key takeaways that you can get from this policy statement.

  1. Human Authorship is Still a Requirement As per the Copyright Act protection is only given to works by human authors. AI-generated content does not meet the criteria and is therefore ineligible to receive copyright protection.
  2. Inputs versus AI-generated Outputs: When a human author inputs (e.g. prompts) into an AI system, copyright protection can apply to the human-authored input but not the AI-generated output. The AI output is a machine-generated product, not a human-authored one.
  3. Compilations or derivative works: When an AI-generated piece is part of a larger collection or a derivative created by a human, the copyright protection will extend to the collection or derivative, but not the AI-generated material within it.
  4. Registering AI-generated works: To register a work containing AI-generated content the applicant must identify it specifically and renounce copyright protection. The U.S. The U.S.
  5. Supplementary Registration: When a work is registered but later discovered to contain AI-generated material, it can be corrected by filing a supplementary registration.

In some cases, however, a work that contains AI-generated material may also contain enough human authorship to support an original copyright claim. A human can select or arrange AI-generated material in such a creative way that it “constitutes an original work by authorship”. Or an artist can modify material originally created by AI technology so that the modifications meet copyright protection standards.