Glossary → human authorship

human authorship.

the US copyright requirement that decides how much of an AI-assisted design is yours

The Copyright Office's registration guidance for works containing AI-generated material states its view that copyright protects only material that is the product of human creativity, and that the word author excludes non-humans. For a shop the operative part is procedural rather than philosophical: applicants have a duty to disclose AI-generated content in a work submitted for registration and to describe the human author's contribution, and AI-generated content that is more than de minimis has to be explicitly excluded from the claim. An AI-assisted design is therefore registrable in the part a person authored and unregistrable in the part the model produced, which is a thinner right than a marketplace listing implies when it says the design is protected. The disclosure is not optional either, so a registration that hides the tool is a defective registration rather than a stronger one. This is the opposite pole from the New York mockup rule: one asks who made the picture, the other asks who is in it.

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