VIP+ Analysis: As things stand, media companies and creatives will need to wait on guidance for how much human authorship is needed.
, and the larger creative community now considering using generative AI to create new material and IP.
Underlying this policy is the requirement that copyright can protect only material that is the product ofcreativity. This requirement is rooted in the understanding that the term “author,” as used in both the Constitution and the U.S. Copyright Act, excludes non-humans. But until now, this precise issue has never been tested by the courts.
AI is not the first technology to pose this type of challenge. Over the course of history, copyright law has “proven malleable enough to cover works created with or involving technologies.” For example, when the camera was first invented, there was a serious question and serious litigation over whether a photographer using that tool to create an image was entitled to a copyright on the resulting image.
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