The problem of copyright protection for works created with AI assistance in the United States
The issue of copyright protection for works created with AI assistance in the United States has sparked considerable debate and uncertainty in recent years.
In early 2023, the U.S. Copyright Office released guidance suggesting that works created using artificial technology could indeed qualify for copyright protection. However, this protection was contingent upon the presence of “sufficient human authorship” in the content. While this was seen as a positive step for AI content creators, it appears that practical application of this guidance has been elusive.
By December 2023, the government had rejected a series of applications seeking protection for intellectual property related to artificial intelligence. One notable rejection involved Ankit Sahni, who used an AI painting app to modify a photograph he had taken of a sunset. Despite Sahni’s involvement in selecting parameters and styles for the AI tool, his copyright application was denied.
The situation underscores the complexities surrounding artificial intelligence in intellectual property law. Not only are there ongoing legal disputes over content used to train AI tools, but the U.S. Copyright Office’s definition of “sufficient human input” remains ambiguous. This raises questions about what actions AI artists can take to improve their chances of copyright registration and what measures constitute adequate human involvement.
Ankit Sahni’s case is not isolated. Other creators, including Dr. Stephen Thaler in February 2022, have faced similar rejections for their AI-generated works. Despite assurances from the U.S. Copyright Office that opportunities for registering AI intellectual property exist, no clear pathway has emerged thus far.
The evolving landscape of AI and copyright law suggests that further clarity and guidance are needed to address the complexities of intellectual property rights in the age of artificial intelligence.
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