As advances continue to be made in AI and the sophistication of such technology, the U.S. Copyright Office has been keeping up and published a policy statement recently to clarify the standards it follows to determine whether a work emerging from an AI system is copyrightable.
The policy statement released explains the Copyright Office’s core principle that only material which is the product of human creativity can be copyrighted. Therefore, any works created by a machine or a process that operates randomly or automatically, with no creative input from a human author, will not be registered. It is possible, however, to copyright works that include AI-generated work that has been layered with human creativity; this decision is made with a case by case evaluation. Additionally, applicants who wish to register such works have a responsibility to disclose their use of AI and explain accurately their contributions.
ChatGPT, DALL-E, and Midjourney are some of the more popular AI platforms, and this policy statement provides further clarity to their users of what qualifies as copyrightable material. It emphasizes the importance of human creativity and involvement while recognizing the massive potential of AI within the creative sphere.
The U.S. Copyright Office is a federal office of the United States Department of Commerce, who also provides broader systems of copyright protection which are also applicable to works by AI. Founded in 1870 and based in Washington, DC, the Copyright Office is responsible for administering American copyright laws, such as the Copyright Act, and approving copyright registrations. Led by the current Register of Copyright, Karyn Temple Claggett, the Copyright Office staffs more than 705 personnel who manage the copyright registration process and inform the public of their rights and responsibilities. Under the direction of the Library of Congress, the Copyright Office also remains an important part of the congressional mission to promote the arts and expand access to information.
