US Copyright Office Clarifies Copyright Rules for AI-Assisted Works
The US Copyright Office has issued a new report stating that artists can copyright works created using artificial intelligence (AI) tools, as long as the work demonstrates sufficient human creativity.
The report, published Wednesday, addresses growing questions regarding the copyrightability of works generated by AI or with AI assistance, amid an increasing number of copyright applications for AI-assisted creations.
According to the Copyright Office, the eligibility for copyright protection is determined on a case-by-case basis, focusing on the degree of human input and creativity in the creation process. The office clarified that works generated entirely by AI, such as those created by an AI chatbot responding to a prompt, will not be eligible for copyright protection. However, if AI is used as a tool and the artist contributes expressive elements through creative decisions, the work may be copyrightable in whole or in part.
The report emphasizes that the use of AI as a tool does not invalidate copyright protection, provided the resulting work includes substantial human authorship. For example, an artist who adapts or modifies an AI-generated output through creative arrangements could qualify for copyright protection.
Shira Perlmutter, the Register of Copyrights, highlighted the central role of human creativity in determining whether a work is eligible for copyright protection.
“Where that creativity is expressed through the use of AI systems, it continues to enjoy protection,” Perlmutter stated.
The report follows an extensive review process that included input from artists, AI developers, and other stakeholders. The Copyright Office concluded that existing copyright laws are sufficient to address issues related to AI-generated content, noting that no new laws are needed at this time. The office emphasized its ability to make determinations on copyright eligibility on a case-by-case basis, based on the human contribution to the work.
While the report clarifies the copyrightability of AI-assisted works, it does not address ongoing legal disputes regarding the use of copyrighted human works to train AI systems. In those cases, artists and organizations have filed lawsuits against AI companies for using their copyrighted material without permission. The Copyright Office has stated that it is preparing a separate report to address issues related to AI training, licensing, and liability.
With input from the Hill and the Associated Press.
