this post was submitted on 01 Sep 2023
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It's important to remember the Copyright Office guidance isn’t law. Their guidance reflects only the office’s interpretation based on its experience, it isn’t binding in the courts or other parties. Guidance from the office is not a substitute for legal advice, and it does not create any rights or obligations for anyone. They are the lowest rung on the ladder for deciding what law means.
You said it yourself in the first paragraph, humans using machines have always been the copyright holders of any qualifying work they create. AI works are human works. AI can't be authors or hold copyright.
No, the Copyright Office 's statements are not law, but they are the ones who execute the law and who process copyright registrations, so it's not like their statements are meaningless. They won't change unless there is litigation that forces a change, or Congress changes the law, or maybe different leadership gets appointed with a different interpretation. Their guidance is all that ordinary copyright registrants can act on, without incurring the expense of a lawsuit (or buying a Senator).
This isn't true, the office is proactively exploring and evolving its understanding of this topic and are actively seeking expert and public feedback. You shouldn't expect this to be their final word on the subject.
Well, yeah, if the office decides to change their own interpretation based on feedback, they will. But that's in their own control, while the other things I cited are ways for outsiders to force a change.
You just made it seem like they weren't going to do anything else unless they were forced to.