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US Copyright Office: AI-assisted works can get copyright with enough human involvement
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Key developments: The US Copyright Office has issued new guidelines clarifying when AI-assisted creative works can receive copyright protection, marking a significant development for artists and creators using AI tools.

  • The Copyright Office, which processes approximately 500,000 copyright applications annually, will grant protection to works where human creativity remains central to the creation process
  • AI-assisted works can qualify for copyright if an artist’s creative input is clearly visible or if the work includes meaningful human modifications
  • The office will continue rejecting copyright claims for fully machine-generated content, including works created solely through AI prompts

Policy framework and requirements: Register of Copyrights Shira Perlmutter emphasizes that copyright protection hinges on demonstrable human creative contribution.

  • Works must show perceptible evidence of human creative input
  • Simple prompting of AI tools without substantial human modification will not qualify for protection
  • The policy aims to maintain the constitutional objectives of copyright law while adapting to technological advancement

Stakeholder engagement: The Copyright Office’s guidance emerged from a comprehensive review process involving diverse perspectives from the creative industry.

  • The review, initiated in 2023, gathered input from thousands of stakeholders
  • Participants included AI developers, actors, and musicians
  • This broad consultation helped shape a balanced approach to AI-assisted creative works

Pending considerations: Notable gaps remain in the current guidance, particularly regarding AI training data and associated rights.

  • The report does not address ongoing legal disputes over AI systems training on copyrighted materials without permission
  • Multiple lawsuits from artists, authors, and news organizations against AI companies remain unresolved
  • The Copyright Office plans to release additional guidance on AI model training, licensing, and liability issues

Future implications: The guidelines establish a framework for creative professionals to incorporate AI tools while maintaining copyright protections, though significant questions about AI’s role in creative industries remain unresolved.

AI-assisted works can get copyright with enough human creativity, says US copyright office

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