Copyright Registration For Works Containing AI-Generated Material

The rapid rise in availability, use and performance of generative artificial intelligence ("AI") over the last year is being experienced across industries. Responding to these trends, the US Copyright Office recently published policy guidance on copyright protection and registration of works created using generative AI.¹ Overall, the guidance emphasizes the centrality of human creativity to copyright protection and reflects skepticism that material generated by current AI technologies is entitled to copyright protection. To allow for the Office's examination of works containing AI-generated material, the Office provided instructions for disclosing and disclaiming such material when seeking to register works. Copyright owners will be well served to pay attention to this guidance, summarized below, when registering works, and to consider supplementing any prior registrations for works containing AI-generated material.