USCO, Copyright Registration Guidance… (2023)
“ II. The Human Authorship Requirement In the Office’s view, it is well-established that copyright can protect only material that is the product of human creativity. Most fundamentally, the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans. The Office’s registration policies and regulations reflect statutory and judicial guidance on this issue. ”
USCO, Copyright Registration Guidance… (2023)
“ Relying on these cases among others, the Office’s existing registration guidance has long required that works be the product of human authorship. In the 1973 edition of the Office’s Compendium of Copyright Office Practices, the Office warned that it would not register materials that did not “owe their origin to a human agent.” [20] The second edition of the Compendium, published in 1984, explained that the “term ‘authorship’ implies that, for a work to be copyrightable, it must owe its origin to a human being.” ”
USCO, Copyright Registration Guidance… (2023)
“ If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it. [26] For example, when an AI technology receives solely a prompt [27] from a human and produces complex written, visual, or musical works in response, the “traditional elements of authorship” are determined and executed by the technology—not the human user. ”
