AI-generated output can serve as a trademark, even if it is entirely AI-generated. Unlike copyrights, there is no legal requirement for a trademark to be created by a human. As long as it meets the criteria for a valid trademark (use in commerce as a source-identifier of a product or service; distinctiveness; no likelihood of […]
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Anything that is not protected by copyright is in the public domain. This includes: Unprotectable subject matter (facts, information, ideas, methods, processes, inventions, titles, names, slogans, short phrases, common geometric shapes, familiar symbols, unoriginal compilations systems (e.g., ordering things alphabetically), works created by U.S. government employees, natural objects formed or shaped by natural forces without
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This issue is currently being litigated, but at least one court has ruled that knowingly making unauthorized copies of copyright-protected works to use in AI training can infringe the copyrights in them even if performing operations on the works during the training process does not. The focus in these cases is on the question of
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Yes. AI-generated output infringes a copyright when it substantially reproduces the protected expression of an existing work, even if the AI user did not consciously intend to copy a specific work. An independently created work, however, does not infringe the copyright in an identical or substantially similar work. Creating an identical work is infringement only
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“Input ” infringement refers to the unauthorized use of a copyrighted work in AI training. “Output ” infringement is the use of AI to generate output that infringes a copyright.
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If, in your application for registration of a copyright in a work, you failed to make a required disclosure of more than de minimis AI use, then you should file a supplementary registration application to correct the record.
Yes. Failing to include an appropriate AI disclosure in an application for registration to the U.S. Copyright Office when required can lead to cancellation of registration or potential legal challenges to the validity of the copyright. The U.S. Copyright Office can cancel or modify a registration if it discovers undisclosed AI use, and it has
To disclose the use of artificial intelligence (“AI”) in the creation of a work, specifically identify and describe the AI-generated content in the Limitation of Claim portion of the copyright application. In addition, you will need to specifically describe the human contribution to the work in the Author Created field. You can use the Note
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It may be necessary to disclose AI use in a copyright registration application even if you have made significant changes to the AI-generated content, if the AI-generated content was not de minimis. Copyright may be claimed in significant modifications that a human makes to AI-generated output. Copyright may also be claimed in a human’s selection,
It is not necessary to disclose minor (“de minimis”) use of AI in a copyright application. Using AI to proofread and edit a work generally does not need to be disclosed. Using AI solely for brainstorming ideas or outlining also does not generally need to be disclosed. Copyright may not be claimed in ideas or
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