The Road Ahead For AI-Generated Works And Copyright

– Law360

Manatt Partners Nathaniel Bach and Jessica Wood and Associate Sandra Bignone wrote an article in Law360 about recent policy guidance from the U.S. Copyright Office about how and whether it will register works that are created using AI and what the USCO’s statement means for creators and other stakeholders.

Titled “Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence,” the policy follows a recent Copyright Office decision that partially cancelled the registration of a graphic novel, stating human-authored elements of artistic works that involve artificially generated images are copyrightable, but the generated images are not.  

In their article, Bach, Wood and Bignone explain key takeaways from this policy, including: 

  • The importance of human contribution and control over AI-assisted works if the works are to receive copyright protection. 
  • Using generative artificial intelligence is not a barrier to registering work that uses both AI- and human-created elements. 
  • Copyright applicants must disclose and, if applicable, exclude AI-generated content in a copyright registration application. 
  • Potential litigants should consider whether they are seeking to enforce portions of works (1) that are registered and (2) for which any AI assistance was appropriately disclosed.

Law360 subscribers can read the full article here.   



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