Guidance for copyright submission of works created with AI in the United States
In accordance with the policies of the United States Copyright Office, applicants are required to disclose any AI-generated content in their submitted works and provide a brief explanation of the contributions made by human authors. Such disclosures are considered relevant information by the Copyright Office and may impact the preparation, identification, ownership, or duration of copyright.
A. Submitting Applications for Works with AI-Generated Material:
- Individuals using AI technology to create a work can claim copyright protection for their own contributions. They should use the Standard Application and specify the human author(s) while describing the human-authored content in the “Author Created” field. For example, if AI-generated text is incorporated into a larger textual work, the human-authored portions should be claimed. If human and non-human content are creatively arranged within a work, the “Author Created” field should acknowledge the human-authored content and describe the AI-generated content.
- AI-generated content beyond minimal should be explicitly excluded from the application, typically in the “Limitation of the Claim” section under “Material Excluded.” Applicants should provide a brief description of the AI-generated content.
- Applicants unsure of how to fill out the application may provide a general statement indicating the presence of AI-generated material. The Copyright Office will review the claim and determine whether further information is required.
B. Correcting Previously Submitted Applications:
- Applicants with pending applications containing AI-generated material should ensure that the information provided adequately discloses this fact. If necessary, they should contact the Copyright Office’s Public Information Office to report the omission.
- For applications already processed and resulting in registration, applicants should submit a supplementary registration to correct the public record. The supplementary registration should describe the original material contributed by the human author, disclaim the AI-generated material, and provide any additional relevant information. Failure to update the public record after obtaining registration for AI-generated material may lead to the loss of registration benefits.
It’s crucial for applicants to ensure accuracy in their submissions to avoid potential cancellation of registration by the Copyright Office or disregarding of registration by a court in infringement actions.
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