The US Copyright Office (USCO) has released its 2nd report on granting copyrights for works created by AI. Previously, the USCO stated that works created solely by AI cannot be copyrighted and must have sufficient human input in the creative process.
The overview of this report maintains the USCO’s stance, using examples of AI-generated works that applied enough human creative input to qualify for copyright. However, there are contentious issues highlighted.
In the first case, a work created by USCO using Gemini to generate an image of a cat riding a skateboard with a highly detailed prompt may be seen as having human creative input. Yet, USCO stated that this case was not eligible for copyright due to results surpassing the prompt, such as cat breeds, poses, facial expressions, and attire, which the AI decided independently and would yield varying results upon repetition.
In the subsequent case submitted for copyright by USCO, using a blend of prompt and human-drawn outline, the final result was deemed unrelated to human input. USOC granted copyright to this work, protecting only the unaltered outline, excluding added details.
USCO exemplified ways in which the creation of AI-generated works is evolving, as image-generating tools advance, like Midjourney’s ability to position objects within images. Copyright eligibility for such cases hinges on the extent of human creativity input specified.
The report also raises questions regarding AI-assisted editing in film and video production. USCO clarified that if overall creative expression remains human-driven, copyright protection applies to the entire work. Notably, the report doesn’t address the issue of verifying if AI is created from copyrighted content.
USCO emphasized that current copyright guidelines for AI-related work can be comprehensive or partial. Works based solely on prompts may not be eligible for copyright. Nevertheless, differing details in each country’s guidelines and continued technological advancements warrant ongoing USCO scrutiny and adjustments.
TLDR: The US Copyright Office’s recent report on AI-generated works and copyright addresses the importance of human creative input, outlines copyright eligibility criteria, and emphasizes the need for ongoing evaluation and adaptation amid evolving technologies.
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