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ARTICLE · 29 MARCH 2023

Copyright Office Guidance On AI

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The U.S. Copyright Office ("Office") has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology.

United StatesIntellectual Property
James Gatto
James Gatto
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The U.S. Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology. Some of the key points include the following:

  • Copyright can protect only material that is the product of human creativity – the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans
  • In the case of works containing AI-generated material, the Office will consider whether the AI contributions are the result of “mechanical reproduction” or instead of an author's “own original mental conception, to which [the author] gave visible form.” The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work
    • If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it (e.g., when

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