Can an AI-created work be copyrighted? The US Copyright Office's stance

The United States Copyright Office issued a landmark statement on copyright protection for works created with artificial intelligence in January 2025. After processing 10,000 professional observations, the office concluded that AI-assisted creations may enjoy legal protection provided they contain a sufficient degree of human creativity, whilst purely AI-generated works cannot receive protection.

The statement provides a detailed analysis of the conditions and boundaries for protection. According to the document, the use of AI in itself does not exclude copyright protection if it serves as a tool in expressing human creativity. Shira Perlmutter, head of the office, emphasised that where AI merely assists the author in the creative process, its use does not affect the copyright protection of the output. The statement identifies three key areas: the use of AI as a tool, the combination of human-authored works with AI-generated content, and the human modification or arrangement of AI-generated content. The office stresses that merely using AI prompts does not provide sufficient control to obtain protection, whilst creative modification or arrangement of AI-generated content may already provide grounds for protection. The document also explicitly addresses that purely AI-generated content and works where there is insufficient human control over the expressive elements cannot receive protection.

The practical significance of the statement extends far beyond theoretical frameworks. It provides clear guidance for creative industries on the safe and lawful use of AI technologies. The office prescribes case-by-case assessment, where the extent of protection depends on the nature and degree of human contribution. The document particularly emphasises that there is no need to create new legislation, as existing copyright frameworks can be appropriately applied to AI-assisted works. According to the statement, the office will continuously monitor technological developments and, if necessary, issue further guidance to standardise legal practice.

Source:

1.

Copyright and Artificial Intelligence: Part 2

A U.S. Copyright Office report analyzing copyrightability in AI-generated works.

2.

AI-assisted works can get copyright with enough human creativity, says US copyright office

Artists can copyright works they made with the help of artificial intelligence, according to a new report by the U.S.

AP NewsMATT O’BRIEN

3.

Artists can copyright works made using AI as an ‘assistive tool’, US Copyright Office concludes

The Copyright Office’s new report also concluded that “the incorporation of AI-generated content into a larger copyrightable work” is acceptable

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