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How One Author Pushed the Limits of AI Copyright | WIRED

The appeal built on Shupe’s argument about her disabilities, saying she should be granted copyright because she used ChatGPT as an assistive technology to communicate, comparing her use of OpenAI’s chatbot to an amputee using a prosthetic leg. The appeal claimed that the USCO “discriminated against her because of her disability.”

The Brooklyn Law appeal also claimed that Shupe should be granted copyright for compiling the book—that is, doing the work of selecting and organizing the snippets of AI-generated text. It provided an exhaustive log of how Shupe prompted ChatGPT, showing the custom commands she created and the edits she made.

It includes a side-by-side comparison of the unedited machine output and the final version of Shupe’s book. On a sentence level, she adjusted almost every line in some way, from changes in word choice to structure. One example describing a character in the novel: “Mark eyed her, a complex mix of concern and annoyance evident in his gaze” becomes “Mark studied her, his gaze reflecting both worry and irritation.”

The appeal cites another recent AI copyright decision about the graphic novel Zarya and the Dawn, which incorporates AI-generated images created with Midjourney. In February 2023, author Kris Kashtanova was granted copyright to the selection and arrangement of AI-generated images in the text, even though they were denied copyright on the specific images themselves.

When the USCO granted Shupe’s request for copyright, it did not address the disability argument put forth but agreed with the appeal’s other argument. Shupe could be considered the author of “selection, coordination, and arrangement of text generated by artificial intelligence,” the agency wrote, backdating her copyright registration to October 10, 2023, the day that Shupe had originally attempted to register her work. That gives her authorship of the work overall, prohibiting unauthorized wholecloth reproduction of the entire book, but not copyright protection over the actual sentences of the novel.

“Overall, we are extremely satisfied,” says Vescovo. The team felt that copyrighting the book’s compilation would provide peace of mind against out-and-out reproduction of the work. “We really wanted to make sure we could get her this protection right now.” The Brooklyn Law team hope Shupe’s approval can serve as a blueprint for other people experimenting with AI text generation who want some copyright protection.

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Shupe is part of a larger movement to make copyright law friendlier to AI and the people who use it. The Copyright Office, which both administers the copyright registration system and advises Congress, the judiciary system, and other governmental agencies on copyright matters, plays a central role in determining how works that use AI are treated. 

Shupe’s qualified victory is still a significant marker in how the Copyright Office is grappling with what it means to be an author in the age of AI. She hopes going public with her efforts will reduce what she sees as a stigma against using AI as a creative tool. Her metaphorical nuke didn’t go off, but she has nonetheless advanced her cause. “I haven't been this excited since I unboxed a Commodore 64 back in the 1980s and, after a lot of noise, connected to a distant computer,” she says.

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