The US Copyright Office has released Part 2 of its Report on the legal and policy issues related to copyright and AI. This Part 2 Report addresses the copyrightability of outputs created using generative AI. The Office (1) affirms that existing principles of copyright law are flexible enough to apply to this new technology, as they have applied to technological innovations in the past; (2) concludes that the outputs of generative AI can be protected by copyright only where a human author has determined sufficient expressive elements. This can include situations where a human-authored work is perceptible in an AI output, or a human makes creative arrangements or modifications of the output, but not the mere provision of prompts; (3) confirms that the use of AI to assist in the process of creation or the inclusion of AI-generated material in a larger human-generated work does not bar copyrightability; and (4) finds that the case has not been made for changes to existing law to provide additional protection for AI-generated outputs.
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