The U.S. Copyright Office has released its latest report, “Copyright and Artificial Intelligence, Part 2: Copyrightability,” which delves into the complex relationship between content generated with artificial intelligence (AI) and copyright law. As authors and artists increasingly integrate AI into their creative processes, it is important for them to understand what they can use and what they can prevent others from using when it comes to works created with the help of AI.

Key Takeaways from the Report:
- Human Authorship is Essential: The report emphasizes that for a work to qualify for copyright protection, it must be the result of human authorship. AI-generated content, in isolation, does not meet this criterion. However, works that combine human creativity with AI assistance may be eligible for copyright protection.
- Role of the Creator: If you, as a creator, use AI tools in your creative process, your work may still be copyrighted, provided you make creative choices that significantly influence the final output. This includes decisions about the selection of inputs, adjustments to AI-generated material, and the overall composition of the work.
- Disclosure is Crucial: When registering a work that incorporates AI-generated elements, it’s important to disclose the use of AI in the creation process and which portions, if any, were AI-generated. Transparency ensures that the human contributions are recognized and appropriately protected under copyright law.
Why You Should Register the Copyright in Your AI-Assisted Works:
- Legal Protection: Registering your work provides legal evidence of ownership, which is essential if you need to enforce your rights against unauthorized use.
- Public Record: A registered copyright creates a public record of your claim, establishing your role as the creator and clarifying the human contribution in AI-assisted works.
- Eligibility for Damages: In the event of infringement, registration allows you to seek statutory damages and attorney’s fees, offering stronger remedies than unregistered works.
Steps to Register Your AI-Assisted Work:
- Assess Your Contribution: Ensure that your work includes significant human authorship alongside any AI-generated elements.
- Disclose to Your Attorney: Explain to your copyright attorney, in detail, exactly how you used AI in the creation of your work and which portions of the work are AI-generated.
By registering your AI-assisted works, you safeguard your creative contributions and uphold the integrity of your authorship in the evolving landscape of artificial intelligence. As technology continues to advance, it is important that you stay abreast of the latest developments in the copyrightability of AI-assisted creation to ensure your rights are properly protected.
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