AI-assisted works can get copyright with enough human creativity, says USCO

The Library of Congress stands on Capitol Hill in Washington.

Artists can copyright works they made with the help of artificial intelligence, according to a new report by the United States Copyright Office that could help clear the way for the use of AI tools in Hollywood, the music industry and other creative fields.

The nation’s copyright office, which sits in the Library of Congress and is not part of the executive branch, receives about half a million copyright applications per year covering millions of individual works. It has increasingly been asked to register works that are AI-generated.

And while many of those decisions are made on a case-by-case basis, the report issued Wednesday clarifies the office’s approach as one based on what the top US copyright official describes as the “centrality of human creativity” in authoring a work that warrants copyright protections.

“Where that creativity is expressed through the use of AI systems, it continues to enjoy protection,” said a statement from Register of Copyrights Shira Perlmutter, who directs the office.

An AI-assisted work could be copyrightable if an artist’s handiwork is perceptible, or an AI-generated work include a human’s “creative arrangements or modifications”.

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