US Copyright Office releases a 52-page guide to copyright law and AI.
Coverage at National Law Review:
https://www.polygon.com/news/517029/ai-art-us-copyright-report-ruling-human-effort-is-required
52-page PDF:
https://copyright.gov/ai/Copyright-and-Artificial-Intelligence-Part-2-Copyrightability-Report.pdf
Commenter at NLR writes, "Any issue can be resolved by current law, the question is whether current law resolves them satisfactorily or not." Ha!
The report suggests, by analogy, the human input would qualify (were it 2 humans involved) as authorship (co-authorship; p. 18). With regard to creatives being able to document their edits to confirm their human input, another commenter writes,
- " (It will be useful for creatives to be able to show their work, not merely point at the AI black box and the prompt that they gave it.) -- This is a terrible bar to set because there are already AIs that will do this for you. They will create a file with all of the layers in it, like a real artist would produce."
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AI reviews the 52 page document (Chat GPT 4).
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Copyright and AI: Key Takeaways from the 2025 U.S. Copyright Office Report
The U.S. Copyright Office's 2025 report, Copyright and Artificial Intelligence, Part 2: Copyrightability, delves into the evolving legal landscape surrounding AI-generated content. This installment focuses on whether outputs from generative AI systems qualify for copyright protection, emphasizing the threshold of human involvement necessary to establish authorship.
Core Findings:
Human Authorship is Paramount: Echoing long-standing precedent, the report reaffirms that copyright protection requires human authorship. Works generated solely by AI, absent meaningful human contribution, are not eligible for copyright.
AI as a Tool vs. AI as Creator: The report draws a clear line between using AI as an assistive tool and relying on it as the primary creative force. When AI assists in enhancing human expression—such as editing, refining, or generating drafts—copyright protection remains intact for the human-authored components. Conversely, when AI operates autonomously, generating content without substantial human control, the output lacks copyright eligibility.
Prompts and Human Contribution: The report addresses whether textual prompts used to guide AI output can establish authorship. The Office concludes that simple prompts are insufficient to claim copyright. Even detailed, iterative prompts typically fail to meet the threshold unless they demonstrate direct, creative control over the final expression, akin to the human input required in traditional works. The unpredictability of AI responses weakens claims of direct authorship, as AI outputs often diverge from specific human instructions.
Modifications Matter: Copyright may extend to AI-generated content that has been substantially modified or arranged creatively by a human. This includes cases where a person exercises discernible creative judgment in selecting, arranging, or altering AI outputs, thus embedding human originality into the final work.
No Need for Legislative Change (Yet): The Office asserts that existing copyright laws are adequate to address AI-related issues. While acknowledging ongoing debates, it sees no current justification for new legislation or sui generis protections for AI-generated content. However, it will continue monitoring technological and legal developments.
International Perspectives: The report briefly surveys global approaches to AI and copyright, noting divergences, particularly in jurisdictions exploring sui generis protections or broader interpretations of authorship.
Policy Implications:
- Incentives for Human Creativity: There’s concern that expanding copyright to fully AI-generated works could dilute incentives for human creators.
- Clarity for Businesses: The report calls for greater clarity in applying existing laws to AI-assisted works, particularly for industries heavily reliant on generative technologies.
Conclusion: The Copyright Office maintains that human creativity remains the bedrock of copyright law, even as AI reshapes the creative landscape. While AI can be a powerful tool, the legal framework continues to prioritize human agency, originality, and control in determining copyright eligibility.
For further details, the full report is available at www.copyright.gov/ai.
