US Copyright Office allows AI-assisted art copyright

The US Copyright Office has determined that artists can copyright works created with AI assistance, while maintaining that purely AI-generated content remains ineligible for protection.

Key policy framework: The Copyright Office’s new report establishes guidelines for determining copyright eligibility of AI-assisted creative works, drawing from over 10,000 public comments and previous rulings.

• The report affirms that using AI as an assistive tool in the creative process does not impact copyright eligibility
• Works entirely generated by AI cannot receive copyright protection
• Copyright eligibility for works combining human and AI contributions must be evaluated case-by-case

Practical examples and boundaries: The Copyright Office provided specific examples to illustrate the distinction between copyrightable and non-copyrightable AI-assisted works.

• A simple text prompt to an AI system (like asking Google’s Gemini to create an image of a “bespectacled cat”) does not meet copyright requirements
• Artists who provide graphic prompts, arrange AI-generated imagery, or augment AI outputs are more likely to receive copyright protection
• The comic book “Zarya of the Dawn” received copyright protection as a complete work, though its individual AI-generated images were not protected

Implementation guidelines: The Copyright Office emphasized that human creative involvement remains the key factor in determining copyright eligibility.

• Most cases involving human participation in the creation process will qualify for copyright protection
• The threshold for copyrightability appears relatively low when human creative input is present
• The incorporation of AI-generated content into larger creative works is generally acceptable

Pending considerations: Important questions about AI and copyright law remain unresolved and will be addressed in future guidance.

• A forthcoming report will examine the training of AI models on copyrighted works
• Licensing considerations and liability allocation remain open questions
• Ongoing lawsuits between artists and AI companies over training data usage await resolution

Future implications: The Copyright Office’s guidance suggests a balanced approach that protects human creativity while acknowledging AI’s growing role in artistic production, though questions about fair use and training data rights continue to shape the evolving legal landscape.