Records showing selection: copyrightability? | AIGP
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Records showing selection: copyrightability?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Medium

Documented human selection, arrangement, and rewriting are more relevant than prompts, labels, or categorical assumptions.

The question

A U.S. travel-support company uses AI to draft customer itineraries. An employee selects passages, rearranges them, and substantially rewrites the final guide. What evidence would best resolve whether the employee contributed human-authored expression potentially relevant to U.S. copyrightability?

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  1. The vendor labels the output proprietary
    A vendor label concerns contractual or commercial treatment, not whether a human contributed protectable expression under U.S. copyright law.
  2. Records showing selection, arrangement, and substantive rewriting ✓
    Process records can demonstrate human contribution through qualifying selection, arrangement, or modification of the final expression.
  3. A statement that all AI-assisted text receives copyright protection
    AI assistance does not automatically establish protection; the analysis depends on human authorship in protectable expression.
  4. The employee entered a detailed prompt
    A detailed prompt alone does not necessarily establish authorship of expression determined by the machine’s output.
The trap
Examine the human contribution to final expression, not merely the existence of a prompt or AI tool.

How to remember it

Documented human selection, arrangement, and rewriting are more relevant than prompts, labels, or categorical assumptions.

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