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With the generative AI revolution fully underway, many people have questions about the ownership and copyright status of text and images created with technology like ChatGPT and DALL-E. This week, the U.S. Copyright Office weighed in with new rules for authors and artists registering AI material.
The official position of the Copyright Office is that text and images wholly created by AI are not copyrightable because a machine generates them. It explains that platforms that provide these services have ultimate creative control.
“Based on the Office’s understanding of the generative AI technologies currently available, users do not exercise ultimate creative control over how such systems interpret prompts and generate material. Instead, these prompts function more like instructions to a commissioned artist—they identify what the prompter wishes to have depicted, but the machine determines how those instructions are implemented in its output,” the Office stated.
Further, the Office warned that authors submitting work containing AI elements must disclaim that in their copyright application. “When an AI technology determines the expressive elements of its output, the generated material is not…
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