New government report tackles ‘copyrightability’ of AI-made works

Core findings: The U.S. Copyright Office has released the second part of a three-part report examining artificial intelligence and copyright law, focusing specifically on whether AI-generated works can be protected by copyright.

• The report draws on over 10,000 public comments from authors, libraries, publishers and other stakeholders
• Approximately half of the comments specifically addressed the copyrightability of AI outputs
• The vast majority of respondents agreed that existing copyright law is sufficient and that works created entirely by AI should not be eligible for copyright protection

Key legal principles: The Copyright Office concluded that current copyright law provides an adequate framework for addressing AI-generated works without requiring new legislation.

• Works combining human creativity with AI assistance can still qualify for copyright protection
• Original expression created by human authors remains protected even when combined with AI-generated content
• Purely AI-generated material, or content with insufficient human creative control, cannot be copyrighted
• Each case must be evaluated individually to determine if human contributions meet the threshold for authorship

Important distinctions: The report makes critical clarifications about what constitutes protected creative work in the context of AI.

• Simply entering prompts into AI systems does not provide sufficient creative control to warrant copyright protection
• Human authors can copyright their original works that appear within AI outputs
• Creative selection, coordination, and arrangement of AI-generated material by humans may be protected
• Modifications made by humans to AI outputs can qualify for copyright if they meet creativity thresholds

Broader context: This report represents the middle portion of a comprehensive examination of AI’s intersection with copyright law.

• The first installment, released in 2024, covered digital replicas of voices and appearances
• The upcoming final section will address AI model training using copyrighted works, licensing issues, and liability considerations
• The Copyright Office found no compelling case for creating new types of protection specifically for AI-generated content

Future implications: While the Copyright Office’s guidance provides clarity on current standards, the rapidly evolving nature of AI technology may require ongoing evaluation of these principles as new capabilities emerge and the line between human and machine creativity continues to blur.

Access the US Copyright Office’s 2025 report here