In a recent report, the U.S. Copyright Office addressed the increasing role of AI in creative industries, highlighting that copyright protection depends on the “centrality of human creativity” in creating a work. Register of Copyrights Shira Perlmutter noted, “When that creativity is demonstrated through AI systems, it remains protected.” The guidance clarifies that the human author’s contribution must be noticeable for an AI-assisted work to be copyright-eligible. This requires the individual to make creative choices that are apparent in the finished product. For example, if an artist utilizes an AI tool to produce an image and then makes creative alterations or arrangements, the final work could qualify for copyright protection.
Conversely, the Office clarified that content generated entirely by machines without significant human intervention does not meet the criteria for copyright protection. Simply inputting prompts into an AI system, without further creative involvement, is insufficient for claiming authorship. Perlmutter noted, “Extending protection to material whose expressive elements are determined by a machine… would undermine rather than further the constitutional goals of copyright.”
This new clarification is important for artists, writers, musicians, and creators who use AI tools. It reinforces the fact that people determine copyright protection because their input shapes the creative process. Creators should document their contributions to AI-generated content, including how they shaped it, to show that it is sufficiently human-created. While the guidance clarifies the issue of human authorship, it does not address the contentious matter of using copyrighted works without authorization to train AI systems. The Copyright Office acknowledged this gap and indicated that it is preparing a separate report to explore the legal implications of training AI models on copyrighted materials, licensing considerations, and the allocation of liability.
This forthcoming report is expected to have significant implications for developing and deploying AI technologies, especially regarding their interaction with existing intellectual property laws. As the landscape of AI and creativity continues to evolve, the balance between encouraging innovation and protecting the rights of human creators remains a key concern. The U.S. Copyright Office’s recent guidance clarifies the boundaries of copyright protection in the context of AI-assisted works, reaffirming the necessity of human creativity in the authorship process. As AI becomes more integrated into creative endeavors, both creators and legal frameworks must adapt to ensure that the essence of human authorship is preserved while embracing the opportunities presented by technological advancements.
