AI-Assisted Works Can be Copyrighted if They Show Human Creativity, Says U.S. Copyright Office
The U.S. Copyright Office has ruled that artists can secure copyrights for works created with AI, provided they demonstrate significant human creativity. The decision, outlined in a newly released report, could pave the way for broader AI use in creative industries such as film, music, and publishing.
The office, which processes roughly half a million copyright applications annually, has seen a surge in requests involving AI-generated content. While copyright claims for fully machine-generated works will continue to be denied, the report clarifies that AI-assisted pieces can qualify for protection if they reflect meaningful human input.
Human Creativity at the Core
Register of Copyrights Shira Perlmutter emphasized that the agency’s approach is rooted in the “centrality of human creativity.” According to the report, artists who modify or creatively arrange AI-generated content in perceptible ways can claim copyright. However, simply prompting an AI system to generate an image or text does not meet the threshold for protection.
“Extending protection to material whose expressive elements are determined by a machine… would undermine rather than further the constitutional goals of copyright,” Perlmutter stated.
The decision follows a review process that began in 2023, during which the copyright office collected input from a diverse range of stakeholders, including AI developers, musicians, and actors.
Unresolved Questions on AI Training Data
The report does not address one of the most contentious issues surrounding AI and intellectual property: whether AI companies have the right to train models on copyrighted works without permission.
Numerous lawsuits from visual artists, authors, and media organizations are challenging the legality of such practices, arguing that AI firms have engaged in unauthorized use of their content.
While the copyright office has refrained from taking a position on these legal disputes, it announced plans to release another report examining AI model training, licensing implications, and potential liability concerns.
This latest guidance is expected to influence how AI-generated content is handled in creative industries. As AI tools become more prevalent in artistic production, questions surrounding copyright, originality, and intellectual property rights will continue to evolve.
