Can works created with AI be copyrightable?
Answer
It depends upon the specific circumstances of works using AI and exactly how AI was used. In March 2023, the U.S. Copyright Office announced that works created with the assistance of AI may be copyrightable only if the individual work involves evidence of sufficient “human authorship.” According to the Office, the term “author” can only apply to humans. This marked the first time the Office issued guidance on AI. You may find more details about the Copyright Office’s guidance on AI-generated content on their website.
Please note, the information presented by the Library about copyright and AI is intended for information purposes only and should not be construed as legal advice. While we cannot provide legal advice, we can help explain copyright-related issues in greater detail and share tools that can help you navigate your decision making.
Copyright and AI is rapidly evolving, and this document will be revisited regularly to remain up to date with the latest legislation, technology, legal opinions, and scholarship.
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