The U.S. Copyright Office has issued a comprehensive report clarifying the protection of AI-assisted creations, emphasizing that works must reflect human creativity to qualify for copyright. Released by the office, which is part of the Library of Congress, the report addresses the ongoing debate over AI-generated content and copyright issues. This announcement follows a detailed review initiated in 2023, involving input from thousands of stakeholders, including AI developers, actors, and musicians.
The report underscores that while AI tools can aid in creation, the central role of human ingenuity remains crucial for copyright eligibility. According to Register of Copyrights Shira Perlmutter, granting copyright to works whose expressive elements are crafted by machines could undermine the foundational goals of copyright law.
"Extending protection to material whose expressive elements are determined by a machine … would undermine rather than further the constitutional goals of copyright," – Perlmutter
The U.S. Copyright Office processes approximately half a million applications annually, covering millions of works. The new report serves to clarify its stance on AI-generated content, aiming to guide artists in fields such as Hollywood and the music industry. It opens avenues for creators to secure copyrights on AI-assisted works, provided they demonstrate human creativity through "creative arrangements or modifications."
"Where that creativity is expressed through the use of AI systems, it continues to enjoy protection," – Shira Perlmutter
While the report delves into human creativity's centrality, it does not tackle the contentious issue of AI systems being trained on copyrighted materials without authorization or payment. Visual artists, authors, and news organizations have initiated legal proceedings against AI companies over alleged copyright theft. These cases remain unresolved in U.S. courts, awaiting further legal clarification.
Additionally, the report refrains from addressing specific legal cases involving AI companies and alleged copyright infringement. The office is preparing another report that will delve into these legal disputes, promising more clarity on this front in the future.
