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 AI inquiry, addresses key questions about AI authorship and copyright eligibility.

Key Findings:

• Works created entirely by AI cannot be copyrighted
• Human-AI collaboration requires case-by-case evaluation
• Prompts alone don't qualify for copyright protection
• Only "perceptible human expressions" are protected in hybrid works

The Office received over 10,000 comments from various stakeholders, with most agreeing that existing copyright law adequately addresses AI-generated works.

Regarding AI assistance in creative processes:

• AI as a creative tool doesn't affect copyright eligibility
• Completely AI-generated content remains ineligible for protection
• Modified human works retain copyright only for human-created elements

The USCO specifically addressed prompts, stating that current AI technology doesn't provide users sufficient control over outputs to warrant copyright protection. While future AI systems might enable greater user control, present technology doesn't meet this threshold.

For works combining human and AI elements, copyright protection extends only to the demonstrable human contributions, similar to derivative work protection.

The Office concluded that no immediate legal changes are necessary, preferring to maintain case-by-case evaluation of AI-related copyright claims as technology evolves.

A third report exploring AI model training, licensing, and liability issues is forthcoming.

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