AI-Generated Content Copyright: US Agency Ruling

Copyright and AI-Generated Content in the United States

Within the United States, creative works produced by artificial intelligence – including items like books and films – are potentially eligible for copyright protection if a human editor has made revisions or additions. However, content generated entirely by AI, without any human intervention, currently does not qualify.

U.S. Copyright Office Guidelines

This determination stems from a report released by the U.S. Copyright Office (USCO) on Wednesday. The report details specific circumstances under which AI-assisted content may be granted intellectual property (IP) protections.

For instance, a film studio could secure a copyright for a movie where AI technology was employed to digitally alter an actor’s appearance, such as reducing their apparent age, or to eliminate unwanted elements from a shot.

The Role of Human Authorship

Simply providing a text prompt to an AI system – for example, requesting “a sketch of a flower in springtime” – generally does not result in a copyrightable work.

The USCO emphasized that copyright eligibility will be evaluated individually for each case presented.

Future Considerations

Currently, the agency has not yet issued a ruling regarding whether AI systems capable of making autonomous, artistic decisions can generate works deserving of copyright.

A subsequent report, expected to be published in the near future, will address this complex issue further.

The question of whether independently created AI art can be copyrighted remains open for consideration.