How authorship is made and named: a meta-aggregator / Copyright and Artificial Intelligence
Copyright and Artificial Intelligence
| Relation to this census | infrastructure |
|---|---|
| Record type | project |
| The question it answers | legal ownership: whether a work containing AI-generated material can be registered, and how much of it a human must have made |
| Kind | the Copyright Office's initiative page on copyright law and policy issues raised by AI: a multi-part Report, a registration guidance policy statement, a notice of inquiry, Review Board and registration decisions on AI-generated material, and the government's briefs and the decisions in Thaler v. Perlmutter and Allen v. Perlmutter |
| Operator | the U.S. Copyright Office (101 Independence Ave. S.E., Washington, D.C.), whose footer links the Library of Congress |
| Evidence | registration guidance; policy statement; legal decision; litigation record; consultation record |
| Unit of record | a document issued by or for the Office: a Part of the Report, a policy statement in the Federal Register, a Review Board or registration decision on a named work, a brief or court decision in a named case, a letter to Congress, or a recorded listening session |
| What it records | the copyright law and policy issues raised by AI, which the page names as including the scope of copyright in AI-generated works and the use of copyrighted materials in AI training; Part 1 addresses digital replicas, Part 2 the copyrightability of outputs created using generative AI, Part 3 generative AI training (pre-publication) |
| Whose authorship it keeps | the Office's own guidance, reports and decisions on whether works containing AI-generated material can be registered, and on the registration claims of named applicants (SURYAST, Théâtre D'opéra Spatial, Zarya of the Dawn, A Recent Entrance to Paradise); Wikipedia (third party) states that the Office has declared works not created by a human author ineligible for copyright protection and that the courts in the District of Columbia upheld its refusal to register works generated solely by machines |
| Under what name | not recorded: the saved page states no rule on pseudonymous, heteronymous, collective or absent names; the decisions it lists are titled by work |
| Who holds it | the U.S. Copyright Office, a federal office whose footer links the Library of Congress; registration runs through its Registration Portal; the documents are public; terms of reuse are not stated on the saved page |
| Authorial function and responsibility | human authorship as the condition of registration (Wikipedia, third party): AI-generated content beyond de minimis must be disclaimed in the application, and a claim whose applicant will not disclaim it cannot be registered; human selection, arrangement and coordination of AI outputs has been argued as sufficient human authorship for a composite work; works 'where the expressive elements are determined by a machine' remain uncopyrightable; the Office's own page records its decisions by work title |
| Method | public listening sessions and webinars, a notice of inquiry in the Federal Register with public comment, a Report issued in Parts, a registration guidance policy statement, Review Board and registration decisions, briefs in litigation, letters to Congress |
| Coverage | geography: United States; period: the initiative since early 2023 (launched March 16, 2023); earlier events in Winter 2020 and Fall 2021 and a Review Board decision of February 14, 2022 are listed |
| Count | value: over 10,000 comments on the August 2023 notice of inquiry by December 2023; a Report in three Parts; as_of: the page as read 2026-11-01 |
| Holdings | Report Part 1, Digital Replicas (July 31, 2024); Report Part 2, Copyrightability (January 29, 2025); Report Part 3, Generative AI Training, pre-publication version (May 9, 2025); Copyright Registration Guidance for Works Containing AI-Generated Materials, 88 Fed. Reg. 16,190 (Mar. 16, 2023); Notice of Inquiry, 88 Fed. Reg. 59,942 (Aug. 30, 2023), over 10,000 comments by December 2023; four registration decisions for AI-generated materials (2022 to 2023); the government's briefs and the decisions in Thaler v. Perlmutter, and a brief in Allen v. Perlmutter |
| Stated limits | the Report 'is being issued in several Parts'; Part 3 is a pre-publication version: 'A final version of Part 3 will be published in the future, without any substantive changes expected in the analysis or conclusions' |
| Data access | public web pages and linked PDFs; announcements by NewsNet email; Federal Register versions of the policy statement and notice |
| Licence | not stated on the saved page |
| Lifecycle | state: active; detail: launched March 16, 2023; Parts 1 and 2 published in 2024 and 2025; Part 3 released in pre-publication on May 9, 2025, with a final version still to be published; the latest announcement on the saved page is dated January 29, 2025, and the latest letter to Congress December 16, 2024 |
| Version and time | initiative_launch: 2023-03-16; guidance: 2023-03-16; noi: 2023-08-30; part_1: 2024-07-31; part_2: 2025-01-29; part_3_prepublication: 2025-05-09; scotus_denial_as_of: March 2026 (Wikipedia); read: 2026-11-01 |
| Founded | 2023-03-16 (the initiative) |
What its record can settle
- what the Office has published on the copyrightability of outputs created using generative AI, and when
- how the Office decided the registration claims for SURYAST, Théâtre D'opéra Spatial, Zarya of the Dawn and A Recent Entrance to Paradise
- what position the government took in Thaler v. Perlmutter through the appeal and the certiorari stage
What it cannot settle
- how the Office registers a work under a pseudonym or heteronym (not on the saved page)
- how courts outside the United States treat AI-generated works
- whether any particular unregistered work would be registered
Kept apart
- NOT a court: its registration and Review Board decisions are administrative, and the courts' decisions in Thaler v. Perlmutter are linked as litigation documents
- NOT a statute: the guidance is a policy statement and the Report a policy study
- NOT a statement on pseudonyms or heteronyms: the saved page has none
- NOT finished: Part 3 is a pre-publication version
Relations
- neighbour: wipo-frontier (the Office's page lists 'WIPO on Artificial Intelligence' among its Related Resources)
- neighbour: Chat GPT Is Eating the World (Chat GPT Is Eating the World's home page lists a story headed 'US Copyright Office registers copyright of AI-generated image')
Evidence
- self_description (the resource's own statement):
Since launching an initiative in early 2023, the Copyright Office has been examining the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in AI-generated works and the use of copyrighted materials in AI training.
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - noi_count (the resource's own statement):
the Office published a notice of inquiry in the Federal Register in August 2023, which received over 10,000 comments by December 2023.
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - report_parts (the resource's own statement):
The Office is issuing a Report in several Parts analyzing the issues, which will be published as they are completed and linked below.
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - part_1_2 (the resource's own statement):
Part 1 was published on July 31, 2024, and addresses the topic of digital replicas. Part 2 was published on January 29, 2025, and addresses the copyrightability of outputs created using generative AI.
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - part_3 (the resource's own statement):
On May 9, 2025, the Office released a pre-publication version of Part 3 in response to congressional inquiries and expressions of interest from stakeholders. A final version of Part 3 will be published in the future, without any substantive changes expected in the analysis or conclusions.
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - launch (the resource's own statement):
March 16, 2023 - Copyright Office Launches New Artificial Intelligence Initiative
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - guidance (the resource's own statement):
Copyright Registration Guidance for Works Containing AI-Generated Materials
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - guidance_fr (the resource's own statement):
Federal Register Version, 88 Fed. Reg. 16,190 (Mar. 16, 2023)
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - noi_fr (the resource's own statement):
NOI Federal Register Version, 88 Fed. Reg. 59,942 (Aug. 30, 2023)
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - decisions (the resource's own statement):
Review Board decision on SURYAST (December 11, 2023) Review Board Decision on Théâtre D'opéra Spatial (Sept. 5, 2023) Registration Decision on Zarya of the Dawn (Feb. 21, 2023) Review Board Decision on A Recent Entrance to Paradise (Feb. 14, 2022)
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - thaler (the resource's own statement):
Court of Appeals Decision Affirming Refusal of Registration
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - thaler_cert (the resource's own statement):
U.S. Brief in Opposition to the Petition for a Writ of Certiorari
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - allen (the resource's own statement):
Allen v. Perlmutter U.S. Reply Brief and Response in Support of Cross-Motion for Summary Judgment
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - listening_literary (the resource's own statement):
April 19, 2023 – Literary Works, Including Software Listening Session (recording available)
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - early_event (the resource's own statement):
Winter 2020 – Copyright in the Age of Artificial Intelligence
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - congress (the resource's own statement):
USCO Letter to Congress Providing Updates on its Artificial Intelligence Initiative (December 16, 2024)
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - wipo_link (the resource's own statement):
WIPO on Artificial Intelligence
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - operator (the resource's own statement):
U.S. Copyright Office 101 Independence Ave. S.E. Washington, D.C.
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - loc (the resource's own statement):
Library of Congress
https://www.copyright.gov/ai/ · read 2026-11-01 · http 200 · sha256 2b1e8b6c8e7f964e… - human_author_wp (a third-party account):
The United States Copyright Office has declared that works not created by a human author, like this "selfie" portrait taken by a monkey , are not eligible for copyright protection.
https://en.wikipedia.org/wiki/Artificial_intelligence_and_copyright · read 2026-11-01 · http 200 · sha256 7bd9785dfc31c658… - de_minimis_wp (a third-party account):
For works using AI tools, the Copyright Office has made the test a different one i.e. whether there is no more than de minimis technological involvement.
https://en.wikipedia.org/wiki/Artificial_intelligence_and_copyright · read 2026-11-01 · http 200 · sha256 7bd9785dfc31c658… - allen_disclaim_wp (a third-party account):
Allen is unwilling to disclaim the AI-generated material, the Work cannot be registered as submitted.
https://en.wikipedia.org/wiki/Artificial_intelligence_and_copyright · read 2026-11-01 · http 200 · sha256 7bd9785dfc31c658… - ai_assisted_wp (a third-party account):
The Copyright Office further clarified in January 2025 that AI-assisted works where the creative expression of the human remains evident in the work can be copyrighted
https://en.wikipedia.org/wiki/Artificial_intelligence_and_copyright · read 2026-11-01 · http 200 · sha256 7bd9785dfc31c658… - courts_wp (a third-party account):
Both the federal and circuit courts in the District of Columbia have upheld the Copyright Office's refusal to register copyrights for works generated solely by machines
https://en.wikipedia.org/wiki/Artificial_intelligence_and_copyright · read 2026-11-01 · http 200 · sha256 7bd9785dfc31c658… - scotus_wp (a third-party account):
the Supreme Court of the United States has denied hearing challenges to the Copyright Office's decision.
https://en.wikipedia.org/wiki/Artificial_intelligence_and_copyright · read 2026-11-01 · http 200 · sha256 7bd9785dfc31c658… - disclaim_wp (a third-party account):
The Board finds that the Work contains more than a de minimis amount of content generated by artificial intelligence ("AI"), and this content must therefore be disclaimed in an application for registration.
https://en.wikipedia.org/wiki/Artificial_intelligence_and_copyright · read 2026-11-01 · http 200 · sha256 7bd9785dfc31c658… - machine_expressive_wp (a third-party account):
Works "where the expressive elements are determined by a machine" still remain uncopyrightable.
https://en.wikipedia.org/wiki/Artificial_intelligence_and_copyright · read 2026-11-01 · http 200 · sha256 7bd9785dfc31c658… - composite_wp (a third-party account):
The basis for the copyright involved arguing that human-driven selection, arrangement, and coordination involved in the creative process on a single work constituted sufficient human authorship to merit the copyright.
https://en.wikipedia.org/wiki/Artificial_intelligence_and_copyright · read 2026-11-01 · http 200 · sha256 7bd9785dfc31c658…
Unchecked
the Report's three Parts, the policy statement and the notice of inquiry themselves (linked; unsaved); the four registration decisions and the Thaler and Allen briefs and decisions (linked; unsaved; the court outcomes beyond the link titles are known here from Wikipedia, a third party); the Compendium of U.S. Copyright Office Practices (linked; unsaved); the Wikipedia page's further account of other jurisdictions, outside this row
Cite: Lee Sharks, ed. "Copyright and Artificial Intelligence." How authorship is made and named: a meta-aggregator, leesharks.com, compiled 2026-11-01. https://www.leesharks.com/apparatus/aggregators/copyright-office-ai