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September 12, 2023

Nassau Lawyer: "Artificial Intelligence Ushers in a Brave New World for Copyright"

Sara Dorchak, counsel, co-authored “Artificial Intelligence Ushers in a Brave New World for Copyright,” which was published in Nassau Lawyer, the journal of the Nassau County Bar Association. The article explores the future of copyright laws in relation to emerging technologies, especially artificial intelligence (AI). 

The use of AI calls into question the originality of creative works—a critical element of copyrighting creative works: “Can output generated by AI from human user input be considered an original work of authorship for the purpose of granting copyright protections? Is the true ‘author’ of the work seeking copyright protection the human user of the software or the non-human AI program?”

Sara’s article concludes that “. . . the Copyright Office did not completely rule out the possibility that AI-generated content could ever be copyrightable. . . . AI software that provides the user with more control over the generated content, rather than a completely random generation based on text, may also be entitled to copyright protection.”

The full article is available on pp. 6 and 7 here.


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