This report from the U.S. Copyright Office examines the intersection of copyright law and artificial intelligence (AI), specifically focusing on the copyrightability of AI-generated works. The report analyzes different levels of human involvement in AI-generated content, considering factors such as prompts, expressive inputs, and modifications.
It concludes that existing copyright law is sufficient to address these issues, emphasizing the crucial role of human authorship.
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The U.S. Copyright Office's report on Copyright and Artificial Intelligence, Part 2, addresses the impact of AI on the human authorship requirement of copyright. The report emphasizes that copyright protection in the United States requires human authorship. This principle is based on the Copyright Clause in the Constitution, which grants Congress the authority to secure exclusive rights to "authors" for their "writings".
Here's how the report breaks down the impact of AI on this requirement:
* AI as an Assistive Tool: When AI is used as a tool to assist in the creation process, it does not affect the availability of copyright protection for the output. The focus remains on the human author's creative contributions. Examples include using AI for tasks such as "aging" or "de-aging" actors, identifying chord progressions, or removing unwanted objects from a scene.
* AI as a Stand-in for Human Creativity: If content is entirely generated by AI, it cannot be protected by copyright. The report emphasizes that copyright does not extend to purely AI-generated material, or material where there is insufficient human control over the expressive elements.
* Human Contributions to AI-Generated Outputs: The report analyzes various forms of human contributions to AI-generated outputs to determine if they are sufficient to constitute authorship:
◦ Prompts: The report concludes that, given current technology, prompts alone do not provide sufficient human control to make users of an AI system the authors of the output. Prompts function as instructions that convey unprotectible ideas, and they do not control how the AI system processes them in generating the output. Even detailed prompts may not result in predictable outputs.
◦ Expressive Inputs: When human-authored inputs, such as original illustrations or media files, are included and substantially retained in the output, they contribute more than just an intellectual conception. In such cases, the human author may claim copyright in the output that reflects their original expression.
◦ Modifying or Arranging AI-Generated Content: If a human author creatively selects, coordinates, or arranges AI-generated material, or if they modify AI-generated content in a way that contributes new authorship, the output would be entitled to copyright protection. However, this protection would not extend to the AI-generated elements standing alone.
* Case-by-Case Analysis: The report emphasizes that whether human contributions to AI-generated outputs are sufficient to constitute authorship must be analyzed on a case-by-case basis.
* The "Black Box" Nature of AI: The report notes that AI systems are often described as "black boxes" because users, and even developers, cannot fully predict outputs or explain why they include certain elements and not others. This lack of transparency makes it difficult to assert that a user is controlling the expressive elements of an AI-generated output.
* Authorship by Adoption The report concludes that a theory of authorship by adoption does not in itself provide a basis for claiming copyright in AI-generated outputs, where the user selects an output among uncontrolled options.
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