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ARTICLE · 05 FEBRUARY 2025

Copyright Office Releases Part 2 Of Artificial Intelligence Report

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On January 29, 2025, the U.S. Copyright Office issued part two of it's report on Artificial Intelligence ("AI") which addresses the topic of "copyrightability" as it relates to AI.

United StatesTechnology
Nick Palmieri
Nick Palmieri

On January 29, 2025, the U.S. Copyright Office issued part two of it's report on Artificial Intelligence ("AI") which addresses the topic of "copyrightability" as it relates to AI. This report follows an extensive initiative by the Copyright Office, which included public consultations, educational webinars, and a Notice of Inquiry (NOI) that garnered over 10,000 comments from a diverse range of stakeholders.

Technological and Legal Background

The report begins by outlining the technological advancements in AI, particularly generative AI, which can produce text, images, audio, and video outputs based on user inputs or "prompts." It then reviews the existing legal framework, emphasizing the requirement for human authorship in copyright law. The Copyright Clause in the U.S. Constitution and the Copyright Act both necessitate that a work must be created by a human to be eligible for copyright protection.

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