AI and rights: latest guidance from the US Copyright Office


Mark Doerr and Alexis Marin

AI and rights: latest guidance from the US Copyright Office

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In a recent webinar, the US Copyright Office clarified when applicants need to disclose AI contributions to their work, say Mark Doerr and Alexis Marin of Greenspoon Marder.

On June 28, 2023, the United States Copyright Office held a webinar to provide additional guidance to copyright applicants who have created works with the assistance of artificial intelligence (AI). In short, the office has directed that applicants must disclose that a portion of the work was created with the assistance of AI, if the AI contribution was more than merely a de minimis amount. In other words, any “appreciable” contribution made by AI must be disclosed to the office in connection with an application.

Yet, the amount of detail required in the application is minimal. The office has suggested that an application need only state that the work contains AI-created content. The author need not parse out which portions or elements of the work were generated by AI. Accordingly, an applicant need only include a short, simple statement disclosing that AI contributed to the work. 

The Feist standard

AI, Artificial intelligence, copyright, US Copyright Office, webinar, content