Prompting progress: authorship in the age of AI

Protection of AI output

Can AI-generated work be protected?

Closer to AI output protected

Many prompt-engineered works meet the bare minimum of creativity; fully autonomous output does not

What it says

Lee argues the Copyright Office's 'traditional elements of authorship' test has no basis in the Constitution, precedent or the Copyright Act. The only test is whether a person contributes at least minimal creativity, which selection or arrangement can satisfy, so many prompt-engineered works qualify while entirely autonomous output does not.

The strongest academic challenge to the Copyright Office's approach to AI-assisted works.

Sources