Keeping Up with Copyright and Generative AI: What Special Librarians Need to Know

Generative AI is reshaping how we create and share information, but where does copyright law come into play? A new report from the U.S. Copyright Office sheds light on this topic, and it’s essential for special librarians to stay informed.

Why This Matters for Special Librarians

Copyright knowledge is a critical skill for special librarians, especially those managing digital collections, research materials, or institutional knowledge. As AI-generated content becomes more common, understanding copyrightability ensures compliance and protects intellectual property rights within libraries, archives, and knowledge centers.

Recent Updates on AI and Copyright

In August, 2024, I wrote about intellectual property and AI. Since then, the United States Copyright Office has published Copyright and Artificial Intelligence Part 2: Copyrightability, which provides updated guidance on copyright and generative AI. It is important for librarians in all types of libraries to stay current on this topic.

While the fundamentals of copyright and AI have not changed—content solely created by AI cannot be copyrighted—additional information that provides guidance for content creators has been published. The report is 52 pages in length. I want to highlight a few items from the report and then provide the summary of findings.

1. Copyrightability of AI-Generated Works

The report states that if humans collaborate with generative AI to create content, then the content may be copyrightable. Content solely created by AI is not copyrightable. However, if a human plays a substantial role in shaping the final product, copyright may apply. Each case will be determined individually.

 2. AI-Assisted vs. AI-Generated Content

The report makes a distinction between assistive AI and generative AI:

• Assistive AI is used to assist humans with a specific task (such as using AI for color correction in films). These outputs can be copyrighted.
• Generative AI creates new content, which can take away from human work. These outputs cannot be copyrighted unless there is substantial human contribution.

For example, if AI is used to assist with motion pictures “these tools may be used for color correction, detail sharpening, or de-blurring” and that would be copyrightable. (p. 11).

3. Prompts Are Not Enough

Prompts were not deemed sufficient to make the output of a generative AI tool copyrightable. Comments provided to the Copyright Office indicated that many organizations felt prompts were insufficient as copyrighted work because the same prompt could generate different outputs and there is no way to determine who the generative AI tool created the content based on the prompt (i.e. the black box problem).

Summary of Key Findings

Ultimately, these are the conclusions found on page iii of the report:

• “Questions of copyrightability and AI can be resolved pursuant to existing law, without the need for legislative change.
• The use of AI tools to assist rather than stand in for human creativity does not affect the availability of copyright protection for the output.
• Copyright protects the original expression in a work created by a human author, even if the work also includes AI-generated material.
• Copyright does not extend to purely AI-generated material, or material where there is insufficient human control over the expressive elements.
• Whether human contributions to AI-generated outputs are sufficient to constitute authorship must be analyzed on a case-by-case basis.
• Based on the functioning of current generally available technology, prompts do not alone provide sufficient control.
• Human authors are entitled to copyright in their works of authorship that are perceptible in AI-generated outputs, as well as the creative selection, coordination, or arrangement of material in the outputs, or creative modifications of the outputs.
• The case has not been made for additional copyright or sui generis protection for AI-generated content.”

Next Steps for Special Librarians

The Copyright Office indicates they will continue to monitor and make adjustments as needed. I encourage you to read the entire report, as staying current on these issues is an important part of our roles.

Additionally, you should continue to explore the potential of generative AI and develop your own understanding of popular AI tools, so you can help your users develop AI literacy. You can also help set your organization up for success by ensuring your library has an up-to-date AI policy that addresses risks and compliance concerns.