Assess the designer’s protectable contributions: What does the evidence support about copyrightability?
The relevant inquiry is the designer’s human selection, arrangement, and modification, rather than the model’s initial generation.
The question
A US company procures software containing AI-generated interface text. A designer selected passages, arranged them within the product, and substantially edited wording; the model produced the initial draft. What does the evidence support about copyrightability?
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- Treat the entire output as automatically uncopyrightable.AI assistance does not automatically defeat protection when human selection, arrangement, or modification contributes protectable expression.
- Assume procurement transfers copyright in all generated text.A procurement contract cannot by itself establish that the output contains copyrightable human-authored expression or resolve ownership of every component.
- Assess the designer’s protectable contributions. ✓Copyrightability turns on human authorship in protectable expression, including qualifying selection, arrangement, or modification, not merely machine generation.
- Treat the prompt as sufficient human authorship.A prompt alone does not necessarily establish authorship of expression determined by the model rather than by human creative contribution.
The trap
Separate the machine-generated starting material from qualifying human choices that shape protectable expression. How to remember it
The relevant inquiry is the designer’s human selection, arrangement, and modification, rather than the model’s initial generation.
How many of these would you get right?
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