US Copyright Office: AI-assisted works can get copyright with enough human involvement

Key developments: The US Copyright Office has issued new guidelines clarifying when AI-assisted creative works can receive copyright protection, marking a significant development for artists and creators using AI tools.

• The Copyright Office, which processes approximately 500,000 copyright applications annually, will grant protection to works where human creativity remains central to the creation process
• AI-assisted works can qualify for copyright if an artist’s creative input is clearly visible or if the work includes meaningful human modifications
• The office will continue rejecting copyright claims for fully machine-generated content, including works created solely through AI prompts

Policy framework and requirements: Register of Copyrights Shira Perlmutter emphasizes that copyright protection hinges on demonstrable human creative contribution.

• Works must show perceptible evidence of human creative input
• Simple prompting of AI tools without substantial human modification will not qualify for protection
• The policy aims to maintain the constitutional objectives of copyright law while adapting to technological advancement

Stakeholder engagement: The Copyright Office’s guidance emerged from a comprehensive review process involving diverse perspectives from the creative industry.

• The review, initiated in 2023, gathered input from thousands of stakeholders
• Participants included AI developers, actors, and musicians
• This broad consultation helped shape a balanced approach to AI-assisted creative works

Pending considerations: Notable gaps remain in the current guidance, particularly regarding AI training data and associated rights.

• The report does not address ongoing legal disputes over AI systems training on copyrighted materials without permission
• Multiple lawsuits from artists, authors, and news organizations against AI companies remain unresolved
• The Copyright Office plans to release additional guidance on AI model training, licensing, and liability issues

Future implications: The guidelines establish a framework for creative professionals to incorporate AI tools while maintaining copyright protections, though significant questions about AI’s role in creative industries remain unresolved.