> US Copyright Office has stated unequivocally that AI works cannot be copyrighted, or otherwise protected legally.
The “or otherwise legally protected" piece is outright falss (and would be out of their scope of competence if true), the other part is true but potentially misleading (a work cannot be protected to the extent that AI, and not the human user, “determines the expressive elements of the work”, but a work made with some use of AI where the human user does that can be protected to the extent of the human contribution.)
The duty to disclose elements that are created by generative AI in the same guidance is going to prove unworkable, too, as generative AI is increasingly embedded into toolchains with other features and not sharply distinguished, and with nontrivial workflows.
The “or otherwise legally protected" piece is outright falss (and would be out of their scope of competence if true), the other part is true but potentially misleading (a work cannot be protected to the extent that AI, and not the human user, “determines the expressive elements of the work”, but a work made with some use of AI where the human user does that can be protected to the extent of the human contribution.)
The duty to disclose elements that are created by generative AI in the same guidance is going to prove unworkable, too, as generative AI is increasingly embedded into toolchains with other features and not sharply distinguished, and with nontrivial workflows.