New AI Copyright Ruling and My Book Guidance
/Students may want to know about the U.S. Copyright Office’s new ruling: that AI-assisted works can be copyrighted if enough human creativity contributed to the product.
With 207 citations, the 52-page report clarifies what AI works can be copyrighted, challenging previous thinking that no output can carry the protection. The ruling is most relevant to people in creative fields who use AI to produce music, film, artwork, etc., but has implications for all of us. The National Law Review summarized the latest:
The Office reiterated its position that copyright protection may currently be available for: (a) human-created works of authorship used as inputs/prompts that are perceptible in AI-generated outputs; (b) creative selection, coordination, or arrangement of material in the outputs (i.e., compilations); (c) creative modifications of the outputs; and (d) the prompts themselves if they are sufficiently creative (but not the outputs created in response to the prompts).
The last point is perhaps the most relevant: prompts alone do not constitute human intervention into AI results. Additional human creativity and authorship are essential.
With a reference to Paula Lentz’s article on ethical authorship, here’s what I included in the upcoming12th edition of Business Communication and Character on the topic:
Regardless of how you use AI, you are always the author of your work. Maintain your own authorship, including your authority and authenticity, over your writing—in other words, yourself. You want your writing to represent you and your character—not whatever content GenAI generates from existing sources; that output isn’t necessarily original work. Depending on the task, think of AI as a collaborator, an assistant, or a coach—but never a replacement for you.
With this guidance, AI output can certainly be copyrighted. For example, inputting a curated dataset or rearranging or changing results could be enough human creativity. But what is sufficient to reach this threshold remains to be seen.