IP Law Daily, VITAL BRIEFINGS: Article guides rights holders though processes for maximum protection of AI-generated works, (Oct 31, 2023)
Applicants seeking to register and protect copyrights in works created with the help of AI tools can take steps to clear registration hurdles under Copyright Office policies.
As the use of artificial intelligence tools in the creative process continues to pick up pace, the Copyright Office has noted receiving an increasing number of copyright registration applications for works made entirely or in part with the assistance of AI. Starting from the basic premise that the Copyright Act requires human authorship of a work for it to be registrable or protectable, the Office has rejected applications in whole or in part, depending on the nature and extent of generative AI’s role in the creative process. Earlier this year, the Office published a policy statement intended to provide guidance to applicants seeking copyright protection for AI-generated works.
A new Vital Briefings article walks through the steps of clearing the substantive and procedural hurdles set up by the Copyright Office, so applicants can have the best chance of avoiding rejections. The article describes the Office’s requirements for disclosing and disclaiming certain AI-created material, with a “how to” focus. The article also explains what to do with respect to applications already filed or registrations already issued, noting that rights holders who fail to make required corrections to the paperwork risk having applications rejected or already-issued registrations invalidated.
The article, titled “How to clear Copyright Office hurdles to register works with AI-generated material,” is available here.
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