Updated: September 16, 2024
Ask ACE
Ask ACE: If I use AI to write something, do I hold a copyright in the content?
By Carrie Green Yardley, Yardley Esq. PLLC
Q: If I use AI to write something, do I hold a copyright in the content?
ACE advises: Copyright law protects an author’s interest in the author’s unique expression of an idea. The idea is not protected, only the expression. “Hamlet” and “The Lion King” share many plot elements, but If Shakespeare were still alive, he would not have an infringement action against Disney.
Now, open ChatGPT and type, “Write a short story based on Hamlet where Hamlet is an alligator” in the dialogue box. The expression does not need to be profound; it simply has to be original. ChatGPT is no Shakespeare, but if ChatGPT were human, it could claim a copyright in the result.
However, only human authors receive copyright protection. This means that if you use AI to write something, you should be clear on where human content ends and algorithm content begins.
How? According to ChatGPT, “If you significantly modify or contribute to the AI-generated content, you could hold copyright in those original contributions.”
There is no hard and fast rule defining significant modification. While you might hear about a 30% rule (change 30% of the words, and you’re in the clear) it is a myth. The change needs to be transformative, injecting original creative input into the work.
If you want to register for a copyright in the work, you are expected to identify AI-generated material. The law in this area is new and developing. Recently, the U.S. Copyright Office granted a copyright to an author who had combined original text with AI-generated illustrations — but only for the text.
I doubt the ChatGPT quote will deep-six the copyright in this article. It is a short example, used for journalistic purposes. I could re-word it, but there are only a handful of other ways to express the idea in a sentence. Besides, the other 275 words are mine.
Carrie Green Yardley, founder of Yardley Esq. PLLC, is vice president of ACE and a contributing writer to Mainebiz. If you would like to learn more about preparing content for publication, register for ACE’s Sept. 19 free online program, “How to Write so Others Will Read It.” It features Paula Mahony of Words at Work, with an introduction by Mainebiz Editor Peter Van Allen. The program runs from 10-11:30 a.m.
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