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U.S. Copyright Office Rules Fully AI-Generated Works Cannot Be Copyrighted

New guidance emphasizes the necessity of human creativity for copyright protection, while AI-assisted works remain eligible on a case-by-case basis.

  • The U.S. Copyright Office clarified that works entirely generated by AI are not eligible for copyright protection under current law.
  • Human creativity remains central to copyright eligibility, with AI-assisted works being evaluated individually to determine the extent of human input.
  • Prompts used in generative AI systems do not constitute sufficient human control or authorship, regardless of their complexity or specificity.
  • AI can be used as a tool in creative processes, and human-authored elements within AI-assisted works can still qualify for copyright protection.
  • The guidance does not require new legislation but suggests that copyright law can adapt to AI-related questions through existing frameworks.
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