>The Office concludes that, given current generally available technology, prompts alone
do not provide sufficient human control to make users of an AI system the authors of the
output.
Prompts alone.
But there are almost no cases of "Prompts Alone" products seeking copyright.
Even what 3-4 years ago?, AI tools moved into a collaborative footing. Novel AI forces a collaborative process (and gives you output that can demonstrate your input which is nice). ChatGPT effectively forces it due to limited memory.
There was a case, posted here to ycombinator, where a chinese judge upheld "significant" human interaction was involved when a user made 20-odd adjustments to their prompt iterating over produced images and then added a watermark to the result. I would be very surprised if most sensible jurisdictions didn't follow suit.
Midjourney and ChatGPT already include tools to mask and identify parts of the image to be regenerated. And multiple image generators allow dumb stuff like stick figures and so forth to stand in as part of an uploaded image prompt.
And then theres AI voice which is another whole bag of tricks.
>thus most AI output today is probably not copyrightable.
Unless it was worked on even slightly as above. In fact it would be hard to imagine much AI work that isn't copyrightable. Maybe those facebook pages that just prompt "Cyberpunk Girl" and spit out endless variations. But I doubt copyright is at the forefront of their mind.