It would be an understatement to say that developments in artificial intelligence (AI) have sent shockwaves through the creative fields. From the perspective of copyright law, AI raises many issues, including the extent to which copyright applies to works made with AI.
The Copyright Office initially responded by publishing a “guidance” document that many think was a bit hasty. That document instructed creators submitting copyright registration applications that they, “have a duty to disclose the inclusion of AI-generated content in a work….” But what did that really mean?
After all, for years, “smart” tools have been used to check grammar in a document, expedite color correction in photo editing, etc., and these technologies have not affected the copyright protection of the works. Was the Copyright Office now saying that even these assistive tools needed to be disclosed and explained in a registration application? Creators were understandably concerned and confused.
Fortunately, last week the Copyright Office released its second of three reports on artificial intelligence, and this new report addresses the question in a helpful way:
“The Office agrees that there is an important distinction between using AI as a tool to assist in the creation of works and using AI as a stand-in for human creativity…assistive uses that enhance human expression do not limit copyright protection….”
It is important that the Copyright Office recognizes a difference between assistive AI and generative AI. Presumably, this tells creators that uses of assistive AI as tools do not need to be disclosed or explained in an application for copyright registration.
While the question of protecting certain works that contain creative expression generated by AI will be debated and litigated for years to come, this guidance on assistive AI is both generally useful and applicable for creators seeking to protect their works.
