According to the office, current AI models are not capable of generating copyrighted work because users do not have full control over how systems interpret requests and generate material. The USCO believes that copyright can only protect material resulting from human creativity.
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The entity uses as an example the case in which it acted refusing to allow a monkey's selfies to be protected by copyright. The USCO wants to highlight the importance of human creativity in determining whether a work can receive copyright protection.
The USCO has specific rules regarding works that rely on artificial intelligence. The office examines whether the AI model's contribution to the work was the result of “mechanical reproduction” or whether it represents the author's own creative conception. From these attributions, the USCO will not register works that were produced by a machine or mechanical process that operates randomly without any input from a human author.
AI images cannot be copyrighted
Recently, AI-enabled productions have generated controversy around the world. The haziness surrounding copyright rules still creates confusion among users. Therefore, according to this new USCO resolution, the images produced by Midjourney for a comic book will not be eligible for copyright protection. The decision does not apply to the texts and layout of the same works.
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The USCO is reviewing the complexities of copyright law and policy issues related to AI in accordance with requests from Congress and the public. In the coming months, several discussion panels will be held on the subject. The office also intends to gather public comments later in the year on a range of copyright issues related to the use of artificial intelligence.
