by Brian W. Nolan and Megan P. Fitzgerald

Brian W. Nolan and Megan P. Fitzgerald (Photos courtesy of the authors)
Last week, the United States Copyright Office (“USCO”) released its long-anticipated report on the copyrightability of works created with the aid of artificial intelligence (“AI”). The report did not break new ground by recommending updated legislation or providing an objective bright-line test to determine the copyrightability of works created with AI. Instead, the USCO reaffirmed its position that, consistent with established principles of copyright law, some level of human involvement is necessary for a work created with AI to be eligible for copyright protection.

