On January 29, 2025, the U.S. Copyright office released Part 2 of its Report on Copyright and Artificial Intelligence on the legal and policy issues related to copyright and artificial intelligence (AI). This report, the 2nd of 3 parts, addresses the copyrightability of outputs created using generative AI (a type of AI that creates new content – text, visual and audio data – in response to prompts, the input or instruction given to the AI system). The report concludes that the outputs of generative AI can be protected by copyright by human authors when their work is perceptible in AI-generated outputs, as well as in the creative selection, coordination, or arrangement of material in the outputs, or creative modifications of the outputs.
For more information, see the U.S. Copyright Office press release. See also Part 1 of the report, which addresses the topic of digital replicas, the use of digital technology to realistically replicate an individual’s voice or appearance. Part 3 will address the legal implications of training AI models on copyrighted works, including licensing considerations and the allocation of any potential liability.