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AI ownership is excluded from the scope of copyright protection.

Hickey ’23 [Kevin J.; March 7; Legislative Attorney; Congressional Research Service, “Copyright Law: An Introduction and Issues for Congress,” Report IF12339]

The application of copyright to artificial intelligence (AI) is another emerging issue. The Copyright Office has taken the position that only a human being—and not an AI—may be an “author” under the Copyright Act. Others dispute that view, or argue that at least some human-assisted outputs of generative AI should be copyrightable. Related issues (and ongoing litigation) include whether AI outputs or the use of material on the internet to “train” AI infringes the copyrights in existing works. (For more on these issues, see CRS Legal Sidebar LSB10922, Generative Artificial Intelligence and Copyright Law, by Christopher T. Zirpoli.)

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