The U.S. Copyright Office (USCO) has released a comprehensive 50-page report clarifying its stance on AI-generated works and copyright protection. The report, the second in a series following an August 2023 inquiry that received over 10,000 comments, provides detailed guidance on AI copyrightability.

Key Findings:

• Works created entirely by AI cannot be copyrighted
• Human-AI collaboration requires case-by-case evaluation
• Prompts alone do not qualify for copyright protection
• Only "perceptible human expressions" can be protected in AI-modified works

The USCO maintains that current copyright law adequately addresses AI-generated content. For works involving both human and AI input, copyright protection depends on the level of human creative contribution. The Office emphasizes that AI assistance in the creative process doesn't automatically disqualify work from copyright protection, but the human contribution must be substantial and identifiable.

Regarding AI prompts, the Office concluded that current technology doesn't provide users sufficient creative control to claim authorship of AI outputs. However, they acknowledge this could change as technology evolves.

For works modified by AI or containing AI components, copyright protection extends only to the demonstrable human creative elements, similar to derivative works protection.

The USCO recommends maintaining the current case-by-case evaluation approach rather than implementing new legislation, stating that "statutory language would be limited in its ability to provide brighter lines."

This guidance provides clear direction while remaining flexible enough to adapt to evolving AI technology, making it particularly valuable for creators and content producers navigating the intersection of AI and copyright law.

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