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ARTICLE · 04 APRIL 2023

The United States Copyright Office Issues Policy Statement On Works Which Contain Material Generated By Artificial Intelligence

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The U.S. Copyright Office has clarified its examination and registration practices for works that were produced with the assistance of artificial intelligence...

United StatesIntellectual Property
Evan Smith
Evan Smith
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The U.S. Copyright Office has clarified its examination and registration practices for works that were produced with the assistance of artificial intelligence ("AI"), in a policy statement titled "Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence." This statement addresses the registration eligibility and application requirements for creative works that were generated by humans working in concert with AI.

In the Office's view, only material produced by human creativity can be the subject of copyright protections since the term "author" is human specific. Federal appellate courts have affirmed this understanding in cases such as Naruto v. Slater1, which have interpreted the Copyright Act to contain human specific language. Accordingly, the Copyright Office's registration guidance requires that all works be "created by a human being."

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