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Generated by Artificial Intelligence  \nPUBLISHED ON THURSDAY, MARCH 16, 2023  \n16190 FEDERAL REGISTER, VOL. 88, NO. 51 RULES AND REGULATIONS  \n37 CFR PART 202  \nACTION: Statement of policy  \nSUMMARY: The Copyright Office issues this statement of policy to clarify its practices for examining and registering works that contain material generated by the use of artificial intelligence technology.  \nDATES: This statement of policy is effective March 16, 2023.  \nFOR FURTHER INFORMATION CONTACT: Rhea Efthimiadis, Assistant to the General Counsel, by email atmeft@copyright.gov or telephone at 202–707– 8350.  \nSUPPLEMENTARY INFORMATION  \nI. Background  \nThe Copyright Office (the “Office”) is the Federal agency tasked with administering the copyright registration system, as well as advising Congress, other agencies, and the Federal judiciary on copyright and related matters.1 Because the Office has overseen copyright registration since its origins in 1870, it has developed substantial experience and expertise regarding “the distinction between copyrightable and noncopyrightable works.” 2 The Office is empowered by the Copyright Act to establish the application used by applicants seeking registration of their copyrighted works.3 While the Act identifies certain minimum requirements, the Register may determine that additional information is necessary for the Office to evaluate the “existence, ownership, or duration of the copyright.” 4 Because the Office receives roughly halfa million applications for registration each year, it sees new trends in registration activity that may require modifying or expanding the information required to be disclosed on an application.  \nOne such recent development is the use of sophisticated artificial intelligence (“AI”) technologies capable of producing expressive material.5 These technologies “train” on vast quantities of preexisting human-authored works and use inferences from that training to generate new content. Some systems operate in response to a user’s textual instruction, called a “prompt.” 6 The resulting output may be textual, visual, or audio, and is determined by the AI based on its design and the material it has been trained on. These technologies, often described as “generative AI,” raise questions about whether the material they produce  \n1 | Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence  \nis protected by copyright, whether works consisting of both human-authored and AIgenerated material may be registered, and what information should be provided to the Office by applicants seeking to register them.  \nThese are no longer hypothetical questions, as the Office is already receiving and examining applications for registration that claim copyright in AI-generated material. For example, in 2018 the Office received an application for a visual work that the applicant described as “autonomously created by a computer algorithm running on a machine.” 7 The application was denied because, based on the applicant’s representations in the application, the examiner found that the work contained no human authorship. After a series of administrative appeals, the Office’s Review Board issued a final determination affirming that the work could not be registered because it was made “without any creative contribution from a human actor.” 8  \nMore recently, the Office reviewed a registration for a work containing human-authored elements combined with AI-generated images. In February 2023, the Office concluded that a graphic novel 9 comprised of human-authored text combined with images generated by the AI service Midjourney constituted a copyrightable work, but that the individual images themselves could not be protected by copyright. 10  \nThe Office has received other applications that have named AI technology as the author or co-author of the work or have included stateme","cbCaii1ecybEpCPP","https://ap.wps.com/l/cbCaii1ecybEpCPP","pdf",192800,"English","# Background\n## AI-generated material and registration questions\n# The Human Authorship Requirement\n## Copyright protects human creativity","[{\"question\":\"Why does the Copyright Office issue guidance for works containing AI-generated material?\",\"answer\":\"The Office issues policy guidance to clarify how it applies copyright’s human authorship requirement when examining and registering works that include AI-generated content, based on increasing registration activity and prior determinations.\"},{\"question\":\"What is the core legal principle discussed regarding copyrightability of AI-generated works?\",\"answer\":\"The statement emphasizes that copyright protects only material that is the product of human creativity, and that the term “author” excludes non-humans under constitutional and statutory interpretation.\"},{\"question\":\"How does the Office treat works that combine human-authored elements with AI-generated content?\",\"answer\":\"The statement describes that human-authored contributions can support registration of an overall work, while individual AI-generated images, by themselves, may not be protected by copyright.\"}]","Copyright Registration Guidance - Works Containing Material Generated by Artificial Intelligence | PDF",1789648221,23]