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The copyright office does not determine the standards for copyright. They are an advisory and notary organization.

Only Congress and the courts do. Copyright exists from the moment a work is created, and does not need to be registered with the copyright office.

The law isn't that complicated; if a work was created with a human being with intent, it's probably eligible for copyright protections.

As long as you can convince a court that you did this, the tools you used are not relevant. The vast majority of LLM art falls in this bucket.

by what3 hours ago|

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Do you own the copyright to a painting you commissioned or does the artist? You may have described what you wanted, but the creative work is the output of the artist. Same with an LLM.

by henryfjordan10 hours ago|

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The courts are 100% going to have to interpret what is "sufficient human control" at some point.

by ethin10 hours ago|

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Sure, but I would be incredibly shocked if the courts overturned these conclusions. These kinds of determinations are within the remit of the USCO, so a court does not need to come out and say it if the USCO has already done so. Obviously, as I said it would be better if congress weighed in and solved this problem, given that the USCO is free to publish a new NOI to change it's practices/policies, but we all know that congress is too gridlocked atm for that to happen

by semiquaver2 hours ago|

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I am trying really hard not to accuse you of not having read what you posted, because your conclusions are in strong tension with what it plainly says.

by zmmmmm8 hours ago|

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But there are no conclusions. It literally says:

> Whether human contributions to AI-generated outputs are sufficient to constitute authorship must be analyzed on a case-by-case basis

It says a plain prompt is not enough but that is not the reality of real software development. People aren't one-shotting complex business apps. The vast majority of software development will trivially pass that bar and end up in the "requires case by case analysis".