Link: Purely AI-generated art can’t get copyright protection, says Copyright Office

The US Copyright Office has stated that outputs from generative artificial intelligence, based solely on text prompts, are not protected by current copyright laws. This decision stems from a comprehensive report on AI and copyright issues, emphasizing the limited control users have over AI outputs.

Despite multiple iterations of a prompt, the final AI output is seen as the user accepting the AI's interpretation, not an original expression authored by the user. This viewpoint holds regardless of the simplicity or complexity of the prompts used.

For instance, attempts to copyright the AI-generated image "Théâtre D’opéra Spatial" have failed, highlighting the lack of human control over the creative process in AI outputs. This contrasts with artists like Jackson Pollock, who, despite a seemingly random technique, exercised substantial control over his works’ creation process.

The Copyright Office distinguishes between using AI as a tool to assist in creating work and using AI as a substitute for human creativity. While AI assistance in crafting a book or song ideas does not compromise copyright protection, AI standing in for human creativity requires further scrutiny.

However, there is some leeway for copyright protection when AI is used to modify or enhance pre-existing human-created work, or when human creators significantly alter AI-generated content. This is similar to creating derivative works from pre-existing copyrighted art.

The office also discussed the potential copyrightability of text prompts, suggesting that while most prompts are too instructional to merit copyright, more expressive ones might qualify in the future. This ongoing analysis is part of larger efforts to adapt copyright laws to accommodate evolving AI technologies. #

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