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1 1 (February 24, 2023)

handle is hein.crs/govekrp0001 and id is 1 raw text is: x & Con gressionaI Research Service Generative Artificial Intelligence and Copyright Law February 24, 2023 Recent innovations in artificial intelligence (Al) are raising new questions about how copyright law principles such as authorship, infringement, and fair use will apply to content created or used by Al. So- called generative AI computer programs-such as Open AI's DALL-E 2 and ChatGPT programs, Stability AI's Stable Diffusion program, and Midjourney's self-titled program-are able to generate new images, texts, and other content (or outputs) in response to a user's textual prompts (or inputs). These generative Al programs are trained to generate such works partly by exposing them to large quantities of existing works such as writings, photos, paintings, and other artworks. This Legal Sidebar explores questions that courts and the U.S. Copyright Office have begun to confront regarding whether the outputs of generative Al programs are entitled to copyright protection as well as how training and using these programs might infringe copyrights in other works. Copyright in Works Created with Generative Al The widespread use of generative Al programs raises the question of who, if anyone, may hold the copyright to works created using these programs, given that the AI's user, the AI's programmer, and the Al program itself all play a role in the creation of these works. Do AI Outputs Enjoy Copyright Protection? The question of whether or not copyright protection may be afforded to Al outputs-such as images created by DALL-E or texts created by ChatGPT-is likely to hinge partly on the concept of authorship. The Copyright Act generally affords copyright protection to original works of authorship. Although the Copyright Act does not define who (or what) may be an author, the U.S Copyright Office recognizes copyright only in works created by a human being. Courts have likewise refused to afford copyright protection to non-human authors-for example, a monkey who took a series of photos. A recent lawsuit has challenged the human-authorship requirement in the context of works purportedly authored by Al. In June 2022, Stephen Thaler sued the Copyright Office for denying an application to register a visual artwork that he claims was authored by an Al program called the Creativity Machine. Dr. Congressional Research Service https://crsreports.congress.gov LSB10922 CRS Legal Sidebar Prepared for Members and Committees of Congress

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