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ARTICLE · 10 FEBRUARY 2025

Generative AI In Focus: Copyright Office's Latest Report

Wiley Rein
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On January 29, 2025, the U.S. Copyright Office released its highly anticipated report (the Report) regarding the copyrightability of works created using generative artificial intelligence (AI).

United StatesIntellectual Property
David E. Weslow
David E. Weslow
Stephanie Rigizadeh
Stephanie Rigizadeh

On January 29, 2025, the U.S. Copyright Office released its highly anticipated report (the Report) regarding the copyrightability of works created using generative artificial intelligence (AI). The Report concluded that existing copyright laws protect original expressions in a work created by human authors, even if that work was developed through AI-generated tools or includes AI-generated material.

The Report is the second of three reports from the Copyright Office analyzing legal and policy issues at the intersection of AI and copyright. The Copyright Office's first report recommended federal legislation in response to unauthorized distribution of fake digital replicas. The second report does not recommend any new legislation. The final report, Part 3, will address the legal implications of using copyrighted works to train AI models, including licensing considerations and allocation of liability.

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