Evolution of the Understanding of Aspects of Authorship Related to the Use of Artificial Intelligence in the United States of America

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Abstract

The purpose of the research. The proposed article provides an overview of the aspects of authorship in relation to works containing materials generated by artificial intelligence. They are disclosed by the U.S. Copyright Office in the Copyright Registration Guidance dated March 16, 2023. The understanding of the authorship of such works was formed in US court precedents and is reflected in recent decisions of the USCO regarding works created using artificial intelligence technologies. The USCO continues to monitor new factual and legal changes related to artificial intelligence and copyright. Results. To current date, the requirements for authors have remained traditional, and applicants for copyright registration must orient on historically established relations in this area, even with respect to works containing materials generated by artificial intelligence.

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About the authors

Elena O. Fedoruk

Saint Petersburg State University

Author for correspondence.
Email: info@zakonfedoruk.ru
ORCID iD: 0000-0001-7073-6556
SPIN-code: 7211-3433

President of the Association of online business lawyers, applicant, Saint Petersburg State University,

Russian Federation, Saint Petersburg

References

  1. Compendium of U.S. Copyright Office Practices sec. 2.8.3(I)(a)(1)(b) (1st ed. 1973). URL: https://copyright.gov/history/comp/compendium-one.pdf (Date of access to the source: 27.04.2023).
  2. Compendium of U.S. Copyright Office Practices sec. 313.2 (3d ed. 2021) («Compendium (Third)»). URL: https://www.copyright.gov/comp3/comp-index.html (Date of access to the source: 27.04.2023).
  3. Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code. URL: https://www.copyright.gov/title17/ (Date of access to the source: 27.04.2023).
  4. Copyright Office Practices sec. 202.02(b) (2d ed. 1984). URL: https://www.copyright.gov/history/comp/compendium-two.pdf (Date of access to the source: 27.04.2023).
  5. Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence // Federal Register / Vol. 88, No. 51 / Thursday, March 16, 2023 // Rules and Regulations. P. 16190–16194.
  6. Re: Second Request for Reconsideration for Refusal to Register A Recent Entrance to Paradise (Correspondence ID 1-3ZPC6C3; SR # 1-7100387071). February 14, 2022. URL: https://www.copyright.gov/rulings-filings/review-board/docs/a-recent-entrance-to-paradise.pdf (Date of access to the source: 27.04.2023).
  7. Re: Zarya of the Dawn (Registration # VAu001480196). February 21, 2023. URL: https://www.copyright.gov/docs/zarya-of-the-dawn.pdf (Date of access to the source: 27.04.2023).

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