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ARTICLE · 23 MARCH 2023

BREAKING NEWS: AI-Assisted Works Can Be Protected By Copyright

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Contrary to certain perceived notions that all AI-generated works were not copyrightable, the U.S. Copyright Office has issued a policy statement clarifying its practices for examining and registering works that "contain material generated by the use of artificial intelligence technology."

United StatesTechnology

Contrary to certain perceived notions that all AI-generated works were not copyrightable, the U.S. Copyright Office has issued a policy statement clarifying its practices for examining and registering works that "contain material generated by the use of artificial intelligence technology." The statement, which is expected to be published in the Federal Register tomorrow, maintains the Office's long-standing position that "copyright can protect only material that is the product of human creativity." That policy, however, "does not mean that technological tools cannot be part of the creative process. Authors have long used such tools to create their works or to recast, transform, or adapt their expressive authorship." Such historical tools, for example, include Adobe Photoshop for image editing and guitar pedals for sound recording. According to the Office, "In each case, what matters is the extent to which the human had creative control over the work's expression and

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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