In a recent update, the U.S. Copyright Office has clarified that AI-generated content can qualify for copyright protection, but only when a human has substantially contributed to or modified the work.
This update, issued in the second part of the “Copyright and Artificial Intelligence” report, reinforces that human creativity remains central to copyright law.
While AI tools can assist in content creation, they cannot independently hold copyrights.
The decision is a significant milestone for businesses and artists utilizing AI in their creative processes, offering reassurance that their work can still be legally protected.
Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office: “After considering the extensive public comments and the current state of technological development, our conclusions turn on the centrality of human creativity to copyright. Where that creativity is expressed through the use of AI systems, it continues to enjoy protection. Extending protection to material whose expressive elements are determined by a machine, however, would undermine rather than further the constitutional goals of copyright.”
Kris Kashtanova, artist and AI advocate via social network X: “AI work can be copyrighted. Your work matters. AI are tools for creativity (not replacement of it).”
Nem Perez, AI filmmaker: “The Copyright Office has officially declared what I’ve been preaching for so long. Work that has been manipulated and transformed by humans is indeed copyrightable, even if the tools used were rooted in AI. This is a big step in the right direction.”
This ruling provides legal backing for artists, writers, and filmmakers who integrate AI into their creative processes. Human authorship remains a critical element, ensuring AI does not replace human creativity but rather serves as a tool for enhancing it.
Companies incorporating AI into branding and content creation can now be reassured that their AI-assisted works can be protected under copyright, provided there is substantial human input.
While existing laws remain unchanged, the rapid development of AI technology may eventually require legislative updates to address emerging challenges related to AI authorship and intellectual property rights.
Read the full document here: “Copyright and Artificial Intelligence, Part 2: Copyrightability.”