Does using chat gpt or any other LLMs in the creation of a literary work effect your ability to register it for copyright or to enforce your copyright if there is a violation?
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Yes, using AI as part of the creation of a literary work can affect your ability to get copyright protection.
In particular, copyright protection exists to protect human creativity and something that is created by a machine is generally not protected under copyright law.
The US Copyright Office holds that a de-minimis amount of non-human, AI-generated material is allowed, but if the AI content becomes more the assumption will be that the entire work is non-human AI-generated (and thus not eligible for copyright protection), unless you can provide a statement on which parts are human authored and which parts are AI generated. Copyright protection will only be granted on the parts that are human authored.
Bart van Ingen Schenau
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