AI art with human “expressive elements” can be copyrighted – Hyperallergic

The report, which details the findings of an inquiry involving 10,000 comments from the public and input from experts and stakeholders, concludes that AI-assisted works for which a human can “determine the expressive elements” can be fully or partially copyrightable. Among the contributors to the inquiry were the Authors Guild, Adobe, the Association of Medical Illustrators, and Professional Photographers of America. […]

According to the agency, “expressive elements” can be demonstrated when a human modifies AI output, or when “human-authored work is perceptible in an AI output.” However, the report stipulates that simply inputting prompts to generate AI output is insufficient, adding that whether or not human contributions are considered to meet the criteria for authorship should be determined on a case-by-case basis.