Will the Copyright Office’s AI Authorship Policy Affect Your Brand?

by | Apr 28, 2023 | Copyright

The U.S. Copyright Office (USCO) released a statement in March outlining its stance on copyright protections for AI-generated works. As the number of applications involving the use of AI increases, the USCO found it necessary to provide guidance on registering AI-generated content. This new policy statement may be especially relevant if your business or brand uses an AI writing generator or AI art creator. What does the AI Authorship Policy mean for your business?

What the AI Authorship Policy Says

The USCO outlines what it calls a well-established standard, which is that copyright protections can only be extended to works produced by human creativity. Therefore, if the material’s traditional elements are AI-produced and not authored by a human, the USCO will deny copyright registration.

Applications can be denied in part or whole, depending on the elements of the material that are AI-generated versus human created. For example, a graphic novel with text written by a human that included AI-generated art was recently decided upon by the USCO. It determined that the text could be copyrighted, but the images could not be protected by copyright registration.

How the Policy May Affect Your Brand

If you use programs or software such as an AI writing generator or art creator to build or grow your brand, you may face difficulties getting approval for copyright on this work. However, simply using electronic and technological tools to transform, edit, or adapt your art will not automatically result in a denial of your copyright application. The USCO acknowledges that certain programs and tools have long been used in the creative process. However, the human creator must maintain control over the work and be responsible for forming the traditional elements of authorship.

The USCO will release additional information as it has launched an initiative within the agency. It plans to publish a notice of inquiry to gather input on AI-generated content’s potential implications and impact on copyright registration.

This is a new policy the USCO is still developing, and there are bound to be challenges in the interpretation of this standard. If you have questions about the USCO’s AI authorship requirement or would like help with the copyright registration process, EmergeCounsel offers free consultations. Click here to schedule an appointment with us.


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