On January 29, 2025, the U.S. Copyright Office released the second part of its Report on the legal and policy issues related to copyright and artificial intelligence (AI), after taking into account more than 10,000 responsive comments in the relevant consultation as well as current technological developments.
To summarize with, the Office confirms, that the existing principles of copyright law are flexible enough to apply to this new technology.
Moreover, It concludes that the outputs of generative AI can be protected by copyright only where a human author has determined sufficient expressive elements.
On the contrary, the use of artificial intelligence to assist creation or the inclusion of material generated by artificial intelligence in a larger human-authored work does not exclude protection from copyright. It is emphasized that there has been no talk of amendments to existing legislation to provide additional protection to the results generated by artificial intelligence.
The Report is being released in three Parts. Part 1 was published on July 31, 2024, and the final part will address the legal implications of training AI models on copyrighted works, including licensing considerations and the allocation of any potential liability.
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