April 27, 2023 | less than a minute read

New Guidance Released on Copyrights and AI-Generated Works

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Laura Lamansky

Associate

Get in touch

Laura Lamansky

Associate

The Copyright Office recently released new guidance for applicants attempting to register any work that includes AI-generated content. Applicants now have a duty to disclose AI-generated content in the work and should correct public records on any copyrights that have already been registered which contain AI-generated materials. This is another effort by the Copyright Office to clear up any confusion regarding AI-generated work and the registration process, as well as place the onus on the applicant to flag AI-generated work on applications for the Copyright Office examiners. This nexus between AI and copyright law will continue to evolve, especially as the Copyright Office undergoes public listening sessions in the coming months.

To address the copyrightability and registration issues raised by these works, the Office is issuing new registration guidance. The guidance makes clear that applicants have a duty to disclose the inclusion of AI-generated content in works submitted for registration. It outlines how to do so, how to update pending applications, and how to correct the public record on copyright claims that have already been registered without the required disclosure.