Relying on these cases among others, the Office's existing registration guidance has long required that works be the product of human authorship. In the 1973 edition of the Office's Compendium of Copyright Office Practices, the Office warned that it would not register materials that did not “owe their origin to a human agent.” [20] The second edition of the Compendium, published in 1984, explained that the “term `authorship' implies that, for a work to be copyrightable, it must owe its origin to a human being.” [21] And in the current edition of the Compendium, the Office states that “to qualify as a work of `authorship' a work must be created by a human being” and that it “will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author.”

As the agency overseeing the copyright registration system, the Office has extensive experience in evaluating works submitted for registration that contain human authorship combined with uncopyrightable material, including material generated by or with the assistance of technology. It begins by asking “whether the `work' is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were actually conceived and executed not by man but by a machine.”