Consider these headlines: “U.S. Copyright Office Rules A.I. Art Can’t Be Copyrighted” and “U.S. Copyright Office says some AI-assisted works may be copyrighted.” Who’s right? Unfortunately, both of them. On March 16, 2023, the U.S. Copyright Office issued new rules regarding the registration of works assisted in whole or in part by artificial intelligence. The new rules, however, foundered on one basic flaw: a work created by AI is not eligible for copyright protection, but a work that is created in part by AI is protectable. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., cuts through the confusion and suggests how the registration problem might be solved.
