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Purely AI-generated art can’t get copyright protection, says Copyright Office


AI prompts are different from Jackson Pollock’s paintings, apparently.

This decision would seemingly rule out protections for works like “Théâtre D’opéra Spatial,” a controversial award-winning Midjourney-generated image whose creator fought an extended battle to register it with the Copyright Office. But it assures creatives that using AI to outline a book or come up with song ideas shouldn’t impact the ability to copyright the final human-produced work, since the author is simply “referencing, but not incorporating, the output.” This document is part of a larger effort by the Copyright Office to clarify policy questions and identify legal gaps around AI, starting with a July 2024 report encouraging new deepfake laws.

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