AI Copyright: What Counts & How to File (Top Music Attorney)

This article summarizes the video’s content only. It explains what the creator highlights about the U.S. Copyright Office’s (USCO) guidance on AI use in creative works, the need to disclose AI contributions, and how to file a copyright application when AI was involved.

Part 1 — Where the Rules Stand (Per the Video)

• Human authorship is required. Purely AI-generated works (prompt-only, AI does all output) are not copyrightable.
• Disclosure is mandatory. Registrations can be challenged or cancelled if AI use is not disclosed during filing.
• Case-by-case review. The USCO looks at the final work to identify the human contribution that is perceptible in the outcome.

Examples Cited in the Video

• Camera & computers analogy: Past debates recognized human choices (framing, lighting, staging) as authorship despite machine involvement.
• Expressive input: A human-made drawing enhanced by AI can proceed to registration if the applicant disclaims AI additions and claims only the human portion.
• Comic book workflow: AI-generated images themselves aren’t protected, but a human-arranged comic using them may be registrable as a whole (with AI parts disclaimed).
• Music production example: Using AI as a tool on a voice/sound recording can still allow registration when human elements are authorship and AI use is disclosed.

What Does Not Qualify (Per the Video)

• Prompting alone/selection by adoption: Giving prompts, iterating many times, or picking one of many AI outputs does not make the output human-authored.
• Fully AI tracks: Works where AI created the entire composition and recording from prompts are not eligible for registration.

Registration Risks & Required Disclaimers

• Disclaim AI portions. Failure to disclaim can lead to cancellation; the video stresses careful, accurate disclosure.
• International context. The video notes many countries require human authorship; USCO aligns with that principle.

Part 2 — Filing Walkthrough (As Shown in the Video)

1. Go to copyright.gov → Register your works → e-registration system → create/login account.
2. Choose application type. Standard application for a single work; group options exist (caps/fees apply as noted in the video).
3. Select type of work. For a song, choose Sound Recording (lyrics/composition embodied in the recording are covered in enforcement).
4. Authors & claimants. Enter accurate parties. If filing as a company, mark work made for hire when applicable (per the video’s guidance).
5. Limitation of Claim (disclaim AI). Examples from the video:
   • Exclude: AI lyrics & melody → New material claimed: sound recording.
   • Or exclude: AI instrumental → New material claimed: lyrics, melody, performance.
6. Rights & permissions. Optional but useful for licensing contact info.
7. Correspondent & mailing. Ensure accurate email/address; typos can derail the case (the video flags this risk).
8. Special handling. Expedited requests are costly (the video mentions a high fee); routine filings are advised upon release.
9. Review, pay, upload deposit. Provide a copy of the work; this becomes the evidentiary reference.

Legal Notes Raised in the Video

• Pure AI works: Not copyrightable under current guidance.
• Human element must be perceptible. Human contribution needs to show in the final output.
• Alternative claims (when no copyright): The video mentions potential theories like unjust enrichment or interference, depending on facts and contracts.
• Platform terms: The video notes some platforms state users “own” outputs in certain ways; the creator suggests that may support other legal claims even if copyright does not.

Final Summary (From the Video)

• Pure AI outputs: not registrable.
• Prompts/iterations alone: insufficient for authorship.
• Expressive input (human work expanded by AI): registrable when AI parts are disclaimed.
• Significant human arrangement around AI elements (e.g., comic layout): may be registrable as a whole with disclaimers.
• Always disclose AI use; registrations can be challenged if you do not.