Exercise 2: Why Fully AI-Generated Images Aren't Copyrightable — Possible Solution ==================================================================== THE RULE, PER THIS CHAPTER ------------------------------ Per this chapter, "under current U.S. law... [content is] not [copyrightable] without sufficient human creative authorship," a position confirmed by the courts in Thaler v. Perlmutter, which upheld the Copyright Office's refusal to register a fully AI-generated image with no claimed human author. THE CONNECTION BACK TO CHAPTER 1 ------------------------------ Per this chapter's own tip-box, "U.S. copyright law has long required a human author - a requirement that predates AI entirely." Chapter 1 established that copyright protects original, creative EXPRESSION, and attaches automatically the moment a work is fixed by its creator. That automatic-attachment framework has always implicitly assumed a human creator doing the fixing and the creating - Chapter 1 never contemplated (because it didn't need to, for the ordinary human- authored works it was describing) a scenario where the "creator" isn't a person capable of legal authorship in the first place. WHY A FULLY AI-GENERATED IMAGE FAILS THIS REQUIREMENT ------------------------------ An image generated purely by an AI system, with no human contributing meaningful creative judgment to what was produced, has no human author in the sense Chapter 1's framework (and the law generally) requires. Per this chapter, such content "doesn't meet that requirement and isn't copyrightable at all - leaving it, functionally, without an owner in the way a human-authored work automatically has one per Chapter 1's own automatic-copyright rule." Chapter 1's rule that copyright attaches automatically on fixation implicitly assumes a human doing the fixing; remove the human entirely from the creative process and the rule has nothing to attach to. WHY THIS ISN'T ABSOLUTE ------------------------------ Per this chapter, this only applies where there's no meaningful human creative contribution - "where a human contributes sufficient, genuinely creative selection, arrangement, or editing on top of AI-generated raw material, that specific human contribution can itself be copyrightable." The rule specifically targets the absence of human authorship, not AI involvement generally. WHY THIS WORKS AS AN ANSWER ------------------------------ It states the current rule and its real supporting case, explicitly traces the human-authorship requirement back to an assumption baked into Chapter 1's own automatic-copyright framework, and explains precisely why a purely AI-generated work fails that assumption rather than simply restating the rule without grounding it in the earlier chapter's own material.