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ARTICLE · 06 FEBRUARY 2025

Two Takeaways From The U.S. Copyright Office's Jan. 2025 Report On AI-Created Works

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The U.S. Copyright Office released Part 2 of its report on Copyright and Artificial Intelligence on January 29, 2025. Part 2 focuses on the copyrightability of outputs created using generative AI.

United StatesTechnology

The U.S. Copyright Office released Part 2 of its report on Copyright and Artificial Intelligence on January 29, 2025. Part 2 focuses on the copyrightability of outputs created using generative AI. (The highly anticipated Part 3, which is forthcoming, will address copyright infringement and fair use issues involving generative AI.)

Two key takeaways from Part 2 are as follows.

1. No softening of the "human authorship" requirement.

Consistent with its position taken in recent decisions and court cases, the Copyright Office reiterated, and did not soften, its position that human control over the creative expression in generative AI outputs is required for copyright registration. The Office explained that prompts (user instructions) to create works using generative AI do not provide sufficient human control over the output created by the AI. As such, even exhaustive prompt engineering will not result in copyrightable expression using today's generative

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