Document the engineer’s creative selection: Under US copyrightability principles, which approach best
Documenting meaningful human selection, arrangement, and modification best addresses human-authorship requirements for AI-assisted expression.
The question
A US energy company uses AI to draft maintenance diagrams. An engineer substantially selects, arranges, and modifies the output before publication. Under US copyrightability principles, which approach best addresses the stated constraint?
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- Document the engineer’s creative selection, arrangement, and modifications. ✓Documenting qualifying human contributions helps identify protectable expression while recognizing that AI assistance does not automatically bar protection.
- Claim the diagrams automatically because the company owns the software.Software ownership does not automatically establish human authorship in the resulting diagrams or determine copyrightability of their expression.
- Treat the prompt as sufficient authorship.A prompt alone does not necessarily establish human authorship of machine-determined expression under US copyrightability principles.
- Assume AI assistance prevents copyright protection.AI assistance does not automatically eliminate protection when a human contributes qualifying selection, arrangement, or modification.
The trap
Focus on human creative expression—selection, arrangement, or modification—not merely prompts, tool ownership, or AI involvement. How to remember it
Documenting meaningful human selection, arrangement, and modification best addresses human-authorship requirements for AI-assisted expression.
How many of these would you get right?
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