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Can an AI-generated work be copyrighted as if it were a person's work?
The US Copyright Office has stated that works containing material generated by AI may be eligible for copyright protection, but it depends on the level of human authorship involved.
In 2022, artist Kristina Kashtanova obtained a copyright registration for a graphic novel she created using the Midjourney generative AI, demonstrating that some AI-assisted works can be copyrighted.
The Copyright Office has said its policy "does not mean that technological tools cannot be part of the creative process." Creatively modifying and arranging AI-created material can still result in a copyrightable work.
However, if an AI technology completely generates a work with no human authorship, the Copyright Office will not register it, as it lacks the required human authorship.
Determining copyrightability of AI-generated works is a case-by-case inquiry, looking at how the AI tool was used and the extent of human creative expression.
In 2021, the Canadian Intellectual Property Office registered a copyright for a Starry Night-inspired painting titled "Suryast" that was created using AI, further blurring the lines around AI-generated copyrights.
Legal experts argue that denying copyright protection to AI-generated works could stifle innovation and creativity, as it may discourage the use of AI tools in the creative process.
The US Copyright Office has stated it is working to provide guidance on registering works containing AI-generated material, acknowledging the complexities involved.
There is an ongoing debate around whether AI systems themselves should be granted copyright, or if the human operators/supervisors of the AI should be considered the authors.
Current copyright law was primarily developed before the rise of generative AI, leading to uncertainty about how it should be applied to these new creative tools and outputs.
Some legal scholars argue that a new type of "computational creativity" copyright may be needed to properly incentivize and protect AI-assisted creative works.
The rapid pace of AI development means copyright frameworks will likely need to continue evolving to keep up with emerging creative technologies.
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