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AI Co-author Scores Thin Copyright: Uncharted Legal Terrain for Creatives 

 April 21, 2024

By  Joe Habscheid

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Summary: In a watershed moment in legal and artificial intelligence history, Elisa Shupe, a retired US Army veteran and author, successfully secured copyright protection for her novel – co-authored with a generative artificial intelligence (AI) tool. This case has opened a pathway for copyright registration of AI-generated works, shaping the future of creativity and ownership in the AI-era. The decision, however, is not without its nuances and limitations.


Elisa Shupe: Half Human, Half AI Author

Elisa Shupe’s journey as an author explores uncharted waters in the realm of creativity and technology. Shupe, utilizing generative AI tools, created a novel worth reading. Yet, the question of ownership loomed large.

The Battle for Recognition

The initial refusal of copyright registration by the US Copyright Office was not surprising. Copyrighting AI-generated elements previously ran contrary to the established norms, which protected human creativity and authorship. However, Shupe persevered, believing that her creative inputs and decisions constituted significant enough contributions to warrant copyright protection.

Victory with a Caveat

After much deliberation, the USCO recognized Shupe as the author of the “selection, coordination, and arrangement of text generated by artificial intelligence.” While this prevented unauthorized full duplication of the book, it allowed one to rearrange and republish the sentences and paragraphs as a different book – a so-called “thin copyright”.

Debate over AI’s Creative Status

Elisa Shupe’s victory has reignited the debate over whether AI-generated content deserves full copyright protection. Shupe, along with other advocates, argue that as these works can’t be created without AI, it is only fair that they receive comprehensive protection.

What does this mean for the Future?

Shupe’s “thin copyright” is a symbol of a shifting landscape. It is a beacon for others seeking copyright protection for AI-generated content. The increasing integration of AI in various spheres means the questions raised by this case will only become more relevant. Shupe’s experience is a reminder of the need to adapt and interpret legislation sensibly in the age of AI to ensure the protection and recognition of unconventional authorial contributions.


#CopyrightAI #LegalInnovation #AIFuture #Creativity

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Featured Image courtesy of Unsplash and ZHENYU LUO (kE0JmtbvXxM)

Joe Habscheid


Joe Habscheid is the founder of midmichiganai.com. A trilingual speaker fluent in Luxemburgese, German, and English, he grew up in Germany near Luxembourg. After obtaining a Master's in Physics in Germany, he moved to the U.S. and built a successful electronics manufacturing office. With an MBA and over 20 years of expertise transforming several small businesses into multi-seven-figure successes, Joe believes in using time wisely. His approach to consulting helps clients increase revenue and execute growth strategies. Joe's writings offer valuable insights into AI, marketing, politics, and general interests.

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