Copyright Office suggests AI copyright debate was settled in 1965

The US Copyright Office issued AI guidance this week that declared no laws need to be clarified when it comes to protecting authorship rights of humans producing AI-assisted works.

“Questions of copyrightability and AI can be resolved pursuant to existing law, without the need for legislative change,” the Copyright Office said.

More than 10,000 commenters weighed in on the guidance, with some hoping to convince the Copyright Office to guarantee more protections for artists as AI technologies advance and the line between human- and AI-created works seems to increasingly blur.

But the Copyright Office insisted that the AI copyright debate was settled in 1965 after commercial computer technology started advancing quickly and “difficult questions of authorship” were first raised. That was the first time officials had to ponder how much involvement human creators had in works created using computers.

Back then, the Register of Copyrights, Abraham Kaminstein—who was also instrumental in codifying fair use—suggested that “there is no one-size-fits-all answer” to copyright questions about computer-assisted human authorship. And the Copyright Office agrees that’s still the case today.

“Very few bright-line rules are possible,” the Copyright Office said, with one obvious exception. Because of “insufficient human control over the expressive elements” of resulting works, “if content is entirely generated by AI, it cannot be protected by copyright.”

The office further clarified that doesn’t mean that works assisted by AI can never be copyrighted.

“Where AI merely assists an author in the creative process, its use does not change the copyrightability of the output,” the Copyright Office said.

Following Kaminstein’s advice, officials plan to continue reviewing AI disclosures and weighing, on a case-by-case basis, what parts of each work are AI-authored and which parts are human-authored. Any human-authored expressive element can be copyrighted, the office said, but any aspect of the work deemed to have been generated purely by AI cannot.