It's official: GPT LLM generated texts are not copyrightable, i.e. They're public domain & would therefore be Open Educational Resources. However, additional content designed by humans to leverage the texts are copyrightable, i.e. our own work.
"V. Copyright and Artificial Intelligence, Part 2: Copyrightability
CONCLUSION
Based on the fundamental principles of copyright, the current state of fast-evolving
technology, and the information received in response to the NOI, the Copyright Office
concludes that existing legal doctrines are adequate and appropriate to resolve questions of
copyrightability. Copyright law has long adapted to new technology and can enable case-by-
case determinations as to whether AI-generated outputs reflect sufficient human contribution to
warrant copyright protection. As described above, in many circumstances these outputs will be
copyrightable in whole or in part—where AI is used as a tool, and where a human has been able
to determine the expressive elements they contain. Prompts alone, however, at this stage are
unlikely to satisfy those requirements. The Office continues to monitor technological and legal
developments to evaluate any need for a different approach.
The Office will provide ongoing assistance to the public on the copyrightability issues
related to generative AI, including by issuing additional registration guidance and updating the
relevant sections of the Compendium of U.S. Copyright Office Practices. In doing so, we will rely
on the comments received in response to the NOI, judicial developments, and other relevant
input."
Reference: United States Copyright Office. (2025). Copyright and Artificial Intelligence, Part 2: Copyrightability (p. 52). United States Copyright Office. https://www.copyright.gov/ai/
To me, it looks like GPT LLM generated texts are a good fit with Open Educational Resources (OER). However, the ideational content of the texts is unreliable, i.e. may contain false &/or irrelevant or misleading information. With expert propmting & review they can at least speed up the process of OER development.
What do you think?