You have of course heard that AI output is not protectable by copyright in the U.S. – or is it??

𝟏.         𝐂𝐮𝐫𝐫𝐞𝐧𝐭 𝐒𝐭𝐚𝐭𝐞 𝐨𝐟 𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐎𝐰𝐧𝐞𝐫𝐬𝐡𝐢𝐩 𝐟𝐨𝐫 𝐀𝐈–𝐆𝐞𝐧𝐞𝐫𝐚𝐭𝐞𝐝 𝐖𝐨𝐫𝐤𝐬:

In the United States, current law does not recognize copyright ownership for works generated solely by artificial intelligence. This stance has been reinforced by various court decisions, such as the “monkey selfie” case (Naruto v. Slater) and Thaler v. Perlmutter. The US Copyright Office, along with these court decisions, has established that AI-generated works are not eligible for copyright protection and are considered part of the public domain.

𝟐.         𝐖𝐡𝐞𝐧 𝐂𝐨𝐦𝐩𝐨𝐧𝐞𝐧𝐭𝐬 𝐨𝐟 𝐓𝐡𝐨𝐬𝐞 𝐖𝐨𝐫𝐤𝐬 𝐂𝐚𝐧 𝐁𝐞 𝐒𝐮𝐛𝐣𝐞𝐜𝐭 𝐭𝐨 𝐎𝐰𝐧𝐞𝐫𝐬𝐡𝐢𝐩:

While AI-generated content itself cannot be copyrighted, human involvement in creating or arranging such content can qualify for copyright protection. The US Copyright Office allows for copyright claims where there is sufficient human authorship, such as the creative arrangement of AI-generated works or substantial modifications made by a human author. In these instances, only the human-authored aspects of the work can be protected. An example is the comic book “Zarya of the Dawn,” where the US Copyright Office granted copyright protection for the text and the selection and arrangement of images and text, but not for the AI-generated images themselves.

𝟑.         𝐑𝐞𝐪𝐮𝐢𝐫𝐞𝐦𝐞𝐧𝐭 𝐭𝐨 𝐈𝐝𝐞𝐧𝐭𝐢𝐟𝐲 𝐀𝐈–𝐆𝐞𝐧𝐞𝐫𝐚𝐭𝐞𝐝 𝐖𝐨𝐫𝐤 𝐄𝐥𝐞𝐦𝐞𝐧𝐭𝐬:

The US Copyright Office requires clear identification of AI-generated content and human-generated content in works submitted for registration. This distinction is necessary to ensure that copyright protection is only granted to the human-authored components of the work. Applicants must detail which parts of their submission were created by AI and which parts were created by humans.

𝟒.         𝐀𝐝𝐯𝐢𝐜𝐞 𝐟𝐨𝐫 𝐂𝐫𝐞𝐚𝐭𝐨𝐫𝐬 𝐔𝐬𝐢𝐧𝐠 𝐀𝐈 𝐟𝐨𝐫 𝐆𝐞𝐧𝐞𝐫𝐚𝐭𝐢𝐧𝐠 𝐖𝐨𝐫𝐤𝐬:

Clearly Document Human Contributions: When using AI tools, ensure that you document your creative input and any modifications you make to AI-generated content. This can include the arrangement, selection, and substantial modification of AI outputs.

𝗦𝗲𝗽𝗮𝗿𝗮𝘁𝗲 𝗛𝘂𝗺𝗮𝗻 𝗮𝗻𝗱 𝗔𝗜 𝗘𝗹𝗲𝗺𝗲𝗻𝘁𝘀: When submitting works for copyright registration, clearly identify and distinguish between the AI-generated elements and the human-created elements. This clarity will aid in securing protection for the parts of the work that qualify under current copyright laws.

𝗦𝘁𝗮𝘆 𝗜𝗻𝗳𝗼𝗿𝗺𝗲𝗱 𝗼𝗻 𝗟𝗲𝗴𝗮𝗹 𝗗𝗲𝘃𝗲𝗹𝗼𝗽𝗺𝗲𝗻𝘁𝘀: The legal landscape surrounding AI-generated content is evolving. Keep up to date with the latest guidance from the US Copyright Office and any relevant court rulings.

𝗖𝗼𝗻𝘀𝗶𝗱𝗲𝗿 𝘁𝗵𝗲 𝗣𝘂𝗯𝗹𝗶𝗰 𝗗𝗼𝗺𝗮𝗶𝗻 𝗦𝘁𝗮𝘁𝘂𝘀: Be aware that purely AI-generated content is currently considered public domain in the US. If proprietary protection is crucial, consider integrating substantial human creativity to make parts of your work eligible for copyright.

𝗖𝗼𝗻𝘀𝘂𝗹𝘁 𝗟𝗲𝗴𝗮𝗹 𝗘𝘅𝗽𝗲𝗿𝘁𝗶𝘀𝗲: Given the complexity and rapid evolution of this area of law, consulting with a legal expert specializing in intellectual property and AI can provide tailored advice and help navigate the nuances of copyright issues related to AI-generated content.

By following these guidelines, creators can better navigate the current legal framework and make informed decisions about using AI in their creative processes.

#AICopyright #AIgeneratedContent #IntellectualProperty #CreativeOwnership #AIEthics