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Recently, the U.S. Copyright Office published the second chapter of its anticipated three-part study focusing on copyright issues related to artificial intelligence (AI). This latest report, which can be found in full at the official site, centers on the question of whether outputs generated by AI systems can be copyrighted. Its recommendations stem from extensive public feedback gathered after the Office issued a Notice of Inquiry in August 2023, inviting comments on the many copyright implications connected to AI.
The response to this inquiry was substantial, with more than 10,000 comments submitted by a wide array of stakeholders, including authors, libraries, and publishing entities. Notably, around fifty percent of these comments focused specifically on copyrightability, with a unanimous sentiment among most respondents that current laws adequately cover this area, asserting that content generated entirely by AI should not receive copyright protection. However, opinions varied regarding how much AI involvement in the creative process should be permitted without jeopardizing a work’s eligibility for copyright.
In synthesizing the feedback along with existing copyright frameworks, the Copyright Office drew several important conclusions and made the following recommendations:
- Current copyright law is sufficient to address questions regarding the copyrightability of AI outputs, eliminating the need for new legislation.
- Utilizing AI as a tool to enhance rather than replace human creativity does not hinder the copyright status of the resultant work.
- Copyright protects the original expression by human authors in a piece, even when it features elements created by AI.
- Purely AI-generated works, or those lacking meaningful human input in expressive aspects, do not qualify for copyright protection.
- Determining whether human contributions to AI-generated works are enough for authorship must be done on a case-by-case basis.
- Current AI technology does not allow prompts alone to provide adequate control for copyright claims.
- Human authors retain copyright for their identifiable contributions in AI outputs, as well as for creative choices in the selection or arrangement of content.
- There has not been a convincing argument made for the establishment of additional copyright or a unique protection system for AI-generated content.
The first segment of this report series, released in 2024, explored the realm of digital replicas, particularly the ethical and legal implications of using technology to replicate an individual’s voice or appearance convincingly. The concluding part of the series is expected to delve into the pertinent issues surrounding the training of AI models on copyrighted materials, the nuances of licensing, and the distribution of liability among creators and users.
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www.publishersweekly.com