Copyright Report Says AI-Assisted Works Can Be Protected – But Only If A Human Was Still In Charge; Billboard, March 15, 2023

BILL DONAHUE, Billboard; Copyright Report Says AI-Assisted Works Can Be Protected – But Only If A Human Was Still In Charge

"A new policy report from the U.S. Copyright Office says that songs and other artistic works created with the assistance of artificial intelligence can sometimes be eligible for copyright registration, but only if the ultimate author remains a human being.

The report, released by the federal agency on Wednesday (March 15), comes amid growing interest in the future role that could be played in the creation of music by so-called generative AI tools — similar to the much-discussed ChatGPT...

Under the rules laid out in the report, the Copyright Office said that anyone submitting such works must disclose which elements were created by AI and which were created by a human. The agency said that any AI-inclusive work that was previously registered without such a disclosure must be updated — and that failure to do so could result in the cancellation of the copyright registration.

Though aimed at providing guidance, Wednesday’s report avoided hard-and-fast rules. It stressed that analyzing copyright protection for AI-assisted works would be “necessarily a case-by-case inquiry,” and that the final outcome would always depend on individual circumstances, including “how the AI tool operates” and “how it was used to create the final work.”

And the report didn’t even touch on a potentially thornier legal question: whether the creators of AI platforms infringe the copyrights of the vast number of earlier works that are used to “train” the platforms to spit out new works."