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by dctoedt 102 days ago
> Not if you want to copyright the output

That gets tricky: To the extent that an AI is just a tool — along the lines of a trained pair of hands executing a human prompter's specific, detailed instructions — the human prompter might qualify as an "author."

From the U.S. Copyright Office in January 2025:

"The Office affirms that existing principles of copyright law are flexible enough to apply to this new technology, as they have applied to technological innovations in the past. It concludes that the outputs of generative AI can be protected by copyright only where a human author has determined sufficient expressive elements.

"This can include situations where a human-authored work is perceptible in an AI output, or a human makes creative arrangements or modifications of the output, but not the mere provision of prompts.

"The Office confirms that the use of AI to assist in the process of creation or the inclusion of AI-generated material in a larger human-generated work does not bar copyrightability.

"It also finds that the case has not been made for changes to existing law to provide additional protection for AI-generated outputs."

https://www.copyright.gov/newsnet/2025/1060.html (emphasis and extra paragraphing added).

2 comments

The closest analogy is to a music producer sampling public domain audio. The composition will be protected by copyright but each individual sample will not.

Every single CGI rendered frame of Shrek is protected by copyright because it was human authored. It they used a diffuser to make Shrek 7, the individual frames would not be protected by copyright but their arrangement into a movie could be. That's a hugely different legal situation (for instance, if I chopped it up and made my own remix of it that would be protected).

Though this is complicated by the fact that the LLM initial training may have been massively illegal (or at least massively tortious). There's still a bunch of legal shoes to drop, one way or the other
Interesting, thank you for sharing. That’s surprising to me though when you see the reasoning it makes sense.