On Wed, Jun 3, 2026 at 6:47 PM John Levine <[email protected]> wrote:
> It appears that Eric Rescorla <[email protected]> said: > >> "Copyright Eligibility: In many jurisdictions, including the United > >> States, works that are entirely generated by AI lack human authorship > and > >> cannot be copyrighted. Authors must disclose AI text to ensure that only > >> the human-generated portions are protected. > > > >Do you have an actual cite that shows this to be the case? > > The US Copyright Office has said so on multiple occasions. This statement > in the CFR seems fairly definitive: > > https://www.copyright.gov/ai/ai_policy_guidance.pdf I'm sorry I wasn't clear. I agree that in the US AI-generated content cannot be copyrighted. What I meant to challenge was that a disclosure of AI text was required to "ensure that only the human-generated portions are protected". This guidance seems to say that you need to disclose when you register for copyright, but not generally. -Ekr > > > > I would observe > >that this problem already exists pre-AI because we might be incorporating > >public domain material, but we don't designate that specially. Nor would > >the kind of disclosure you propose be helpful unless we were to explicitly > >designate which portions were unprotected. > > Agreed. We haven't tried to mark public domain material in the past and I > see no > need to do so now. What is or is not in the public domain is somewhat > country > specific and it is not a rathole we need even to approach. > > R's, > John > >
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