The issue of copyright protection for outputs generated by generative artificial intelligence (GenAI) technologies has gained importance since the advent of tools like ChatGPT. The U.S. Copyright Office has evaluated this question, culminating in a report set for January 2025. Historically, it denied copyright claims for purely AI-generated works, emphasizing the necessity of human authorship. Notable cases include Stephen Thaler, whose application for copyright on an AI-created image was rejected, and Kris Kashtanova, whose initial registration was later canceled due to the use of AI-generated images.
The report concludes that while human-created works incorporating GenAI outputs can be copyrighted, purely AI-generated materials are not eligible. It acknowledges the potential of detailed user prompts to influence outputs but maintains that prompts alone do not confer copyright. The Office responded to over 10,000 public comments reflecting diverse opinions, framing a broader debate on balancing innovation against protecting human creators’ rights.
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