United States of America: U.S. Copyright Office rejects reconsideration request of copyright for artificial intelligence system

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Description

U.S. Copyright Office rejects reconsideration request of copyright for artificial intelligence system

On 30 March 2020, the U.S. Copyright Office rejected for the second time a copyright claim for a work generated by an artificial intelligence (AI) system. The AI-generated work, submitted by Dr. Thaler, had previously been denied registration by the U.S. Copyright Office because of a "lack of human authorship necessary to support a copyright claim". Dr. Thaler consequently requested the Office to reconsider its refusal to register the artwork, arguing that “the human authorship requirement is unconstitutional and unsupported by either statute or case law". This claim proved unsuccessful and the second application was rejected by the U.S. Copyright Office, using the interpretation of the Copyright Act, stating that a work only meets the legal and formal requirements of copyright protection if it is created by a human author.

Original source

Scope

Policy Area
Other operating condition
Policy Instrument
Intellectual property excluding copyright
Regulated Economic Activity
ML and AI development
Implementation Level
national
Government Branch
executive
Government Body
other regulatory body

Complete timeline of this policy change

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2019-08-12
under investigation

On 12 August 2019, a copyright claim for a work generated by an artificial intelligence (AI) system…

2020-03-30
under investigation

On 30 March 2020, the U.S. Copyright Office rejected for the second time a copyright claim for a wo…

2022-02-14
in force

On 14 February 2022, the Review Board of the United States Copyright Office rejected a request to r…