Earlier this week, I shared a video with a few questions about whether or not artificial intelligence (AI) created content can be protected by intellectual property rights like copyright protection.
The following day, I shared a second video explaining why creators using AI to create content for commercial purposes should dive deep and do their due diligence as to what rights they have while being transparent with clients regarding all ownership and licensing issues relating to the finished delivered product. Links to each video are below.
Many of you have reached out about the term I referred to in the first two videos. It was the phrase “human authorship.” You asked, what is human authorship? How does the human authorship element come into play when it comes to copyrighting AI-created content?
What most consumers are not aware of is that copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the [human] mind.”
Furthermore, the copyright office will not register works “produced by a machine or mere mechanical process” that operates “without any creative input or intervention from a human author” because, under the statute, “a work must be created by a human being.
In summary, the copyright office will refuse to register an item if the office determines that a human being did not create the work.
To be eligible for a copyright, the applicant must state that the work is the product of “human authorship.”
For a more detailed analysis, see the seven-page letter from the United States Copyright Office dated February 14, 2022, with the link below. The letter specifically addresses the issue of whether AI content can be copyrighted and what the requirements are.
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