The U.S. Copyright Office's recent report analyzes the copyrightability of works created with AI, asserting that human creativity must remain central to copyright protection. The report challenges the viability of extending copyright to works where a machine primarily determines expressiveness. It aligns with earlier findings, pushing for legislative action on digital replicas to prevent misuse, while ensuring accuracy and thoughtfulness as priorities in evaluating evolving AI technologies.
Given current generally available technology, prompts alone do not provide sufficient human control to make users of an AI system the authors of the output.
After considering the extensive public comments and the current state of technological development, our conclusions turn on the centrality of human creativity to copyright.
Extending protection to material whose expressive elements are determined by a machine, however, would undermine rather than further the constitutional goals of copyright.
Register of Copyrights Shira Perlmutter expressed that her key concern was to be accurate and thoughtful in their conclusions regarding AI and copyright.
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