Have you started relying on generative AI to prepare your professional or artistic work product? Here’s a big reason to tread carefully.
On August 18, US Judge Beryl Howell affirmed that artwork entirely generated by AI is not protectable by copyright in the United States. The ruling in Thaler v. Perlmutter upheld the Copyright Office’s longstanding position that “United States Copyright Law protects only works of human creation.” In other words, ChatGPT fans — if A.I. wrote it – you don’t own it!
The Judge recognized that works created by humans with the assistance of AI could still be protected, but that will raise a host of specific factual questions in each individual case, including “how much human input is necessary to qualify the user of an AI system as an ‘author’ of a generated work.”
If you’re an entrepreneur or business hoping to better protect and exploit your intellectual property, reach out to us. Because Meyer Business Law is Counsel for Growing Businesses.
