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ARTICLE · 20 FEBRUARY 2023

Generative AI – Copyright Overview Part 2

Venable LLP
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As discussed in part 1 of this two-part series, generative artificial intelligence (AI) is a technology poised to disrupt how artwork is created, software is developed, and text is written.

United StatesIntellectual Property
Justin Pierce
Justin Pierce
Joseph B. Cahill
Joseph B. Cahill

As discussed in part 1 of this two-part series, generative artificial intelligence (AI) is a technology poised to disrupt how artwork is created, software is developed, and text is written. The technological advancements in this space are giving rise to questions about copyright protections of works produced by generative AI systems.

Can the output of a generative AI system be protected by copyright law? The use of AI in the creation of works is raising questions about the copyright eligibility of the output of these AI systems. In 2022, the Review Board of the United States Copyright Office considered a work of art entirely created by AI and decided not to grant copyright protection. The Board stated, "the Office will not register works 'produced by a machine or mere mechanical process' that operates 'without any creative input or intervention from a human author' because, under the statute, 'a work must be created by a human being.'" Citing U.S. Copyright Office,

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