Discussions surrounding generative AI (gen-AI) have predominantly been driven by advocates from the creative industries, emphasizing the need for fair compensation when their content is utilized for training AI systems. In contrast, developers of AI technologies argue that their practices do not infringe upon copyright laws. Policymakers worldwide are striving to reconcile these conflicting interests while also addressing the separate legal questions regarding the copyrightability of outputs produced by gen-AI. In 2023, the U.S. Copyright Office initiated a comprehensive inquiry into the relationship between copyright and AI, concluding in a January report that outputs from gen-AI can be copyrightable if a human has exercised control over the expressive elements involved. However, it firmly stated that copyright law should not be expanded to offer more protection for outputs generated purely by AI without significant human input. The Office clarified that prompts given to gen-AI do not constitute sufficient human authorship for copyright eligibility, as they merely serve as instructions that do not dictate how AI processes and generates outputs. While acknowledging the potential for future AI systems to allow more human control, the current technology does not support this assertion. Conversely, when human-created inputs—such as text or images—are significantly retained in the output, the original creator may hold copyright over that portion. The Office also noted that modifications made by users to AI-generated content could be copyrightable, provided they demonstrate originality and human authorship. Comparative analysis of international copyright laws revealed no consensus on the copyrightability of AI outputs, with significant differences noted between jurisdictions like the UK and the US. Ultimately, the Copyright Office maintained that existing legal frameworks are adequate for addressing these issues, asserting that additional protections for AI-generated works are unnecessary and could hinder the value of human creativity in the marketplace.
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