Generative artificial intelligence raises many copyright questions that are far from answered. In the summer of 2023, the US Copyright Office published a request (NOI) for comments to dozens of questions about generative AI and copyright and received over 10,000 comments in response. Listed below are a few examples:*

• Is new legislation warranted to address copyright or related issues with generative AI? If so, what should it entail?
• What kinds of copyright-protected training materials are used to train AI models, and how are those materials collected and curated?
• Under what circumstances would the unauthorized use of copyrighted works to train AI models constitute fair use? Please discuss any case law you believe relevant to this question.
• Should copyright owners have to affirmatively consent (opt in) to the use of their works for training materials, or should they be provided with the means to object (opt out)?
• Should consent of the copyright owner be required for all uses of copyrighted works to train AI models or only commercial uses?
• In order to allow copyright owners to determine whether their works have been used, should developers of AI models be required to collect, retain, and disclose records regarding the materials used to train their models? Should creators of training datasets have a similar obligation?
• What obligations, if any, should there be to notify copyright owners that their works have been used to train an AI model?
• Under copyright law, are there circumstances when a human using a generative AI system should be considered the “author” of material produced by the system?
• Who should be responsible for identifying a work as AI-generated?
• What legal rights, if any, currently apply to AI-generated material that features the name or likeness, including vocal likeness, of a particular person?

*All of the questions can be found in the Artificial Intelligence and Copyright Notice of Inquiry pdf

In July 2024, the US Copyright Office released Part 1 of the Report on Copyright and Artificial Intelligence (pdf download). Page 22 of the report states, "The Copyright Office concludes that new federal legislation is urgently needed. As numerous commenters noted, generative AI technology enables the production and dissemination of digital replicas at speed and scale that calls for a national response."

In January 2025, Part 2 was released (pdf download). The conclusion reads:

Based on the fundamental principles of copyright, the current state of fast-evolving technology, and the information received in response to the NOI, the Copyright Office concludes that existing legal doctrines are adequate and appropriate to resolve questions of copyrightability. Copyright law has long adapted to new technology and can enable case-by- case determinations as to whether AI-generated outputs reflect sufficient human contribution to warrant copyright protection. As described above, in many circumstances these outputs will be copyrightable in whole or in part—where AI is used as a tool, and where a human has been able to determine the expressive elements they contain. Prompts alone, however, at this stage are unlikely to satisfy those requirements. The Office continues to monitor technological and legal developments to evaluate any need for a different approach.

The Office will provide ongoing assistance to the public on the copyrightability issues related to generative AI, including by issuing additional registration guidance and updating the relevant sections of the Compendium of U.S. Copyright Office Practices. In doing so, we will rely on the comments received in response to the NOI, judicial developments, and other relevant input.