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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