Is Content Generated by an AI like ChatGPT under copyright?
Answer
Current guidance from the Copyright Office states that content created by Artificial Intelligence like ChatGPT is not copyrighted as copyright law has a "human authorship requirement". The Office has determined that AI generated work does not meet that standard.
If works created with the assistance of AI are eligible for copyright is considered on a case-by-case basis with the main emphasis being placed on determining if the work is "basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were actually conceived and executed not by man but by a machine” (U.S. Copyright Office).
Further and more detailed guidance on copyright and AI can be found at: https://www.copyright.gov/ai/ai_policy_guidance.pdf
The Copyright Office also launched an Artificial Intelligence Initiative in March 2023 to further explore the issues related to copyright and AI.