Copyrightability
United States Copyright Office,
Jan 29, 2025
I have no idea whether the U.S. government will support the findings of this report beyond next Tuesday, but the conclusions are reasonable on the face of it. The findings:
- no need for legislative change;
- use of AI tools to assist does not affect copyright protection;
- copyright protects the original expression even if the work also includes AI-generated material;
- copyright does not extend to purely AI-generated material where there is insufficient human control;
- this must be analyzed on a case-by-case basis;
- prompts do not alone provide sufficient control;
- authors still entitled to copyright even aftre their content appears in AI-generated outputs;
- no for additional copyright or sui generis protection for AI generated content.
Full report: 52 page PDF.
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