AI Copyrightability

The United States Copyright Office has issued a significant regulatory determination regarding the copyrightability of works that combine human and artificial intelligence inputs. According to their ruling, copyright protection may be extended to such hybrid works when there is substantial human involvement in the form of modification, augmentation, or deliberate selection of elements. The mere composition of prompts for AI systems, however, generally fails to meet the threshold for copyright protection. While the Office emphasizes that determinations will be made on an individualized basis, their guidance provides a cogent and comprehensive framework for evaluating these cases.

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