United States of America: Announced Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence

On 16 March 2023, the United States Copyright Office issued guidance on works containing material generated by Artificial Intelligence (AI). The guidance clarifies how copyright law may only protect work done by a human. However, the guidance points out that generative AI work could be protected under copyright law if specific criteria are fulfilled. It was noted that if an author could show that there existed an "original mental conception" of the AI-generated work, copyright could protect such content. Therefore, the guidance indicates that if a human has significant enough "creative control" over the work, then copyright can be claimed. However, the authors must disclose the extent to which AI was used in that work. AI may thus not be listed as a co-author when filing for copyright registration. The guidance asks applicants who have filed for registration before this guidance to update their application and accurately disclose the extent of AI involvement in their work.