AI-Assisted Works Can Get Copyright With Enough Human Creativity, Says US Copyright Office

The U.S. Copyright Office has ruled that AI-assisted works can receive copyright protection if they contain perceptible human creativity, such as creative modifications or arrangements. However, fully machine-generated content remains ineligible for copyright. The Associated Press reports: An AI-assisted work could be copyrightable if an artist's handiwork is perceptible. A human adapting an AI-generated output with "creative arrangements or modifications" could also make it fall under copyright protections. The report follows a review that began in 2023 and fielded opinions from thousands of people that ranged from AI developers, to actors and country singers.

It shows the copyright office will continue to reject copyright claims for fully machine-generated content. A person simply prompting a chatbot or AI image generator to produce a work doesn't give that person the ability to copyright that work, according to the report. "Extending protection to material whose expressive elements are determined by a machine ... would undermine rather than further the constitutional goals of copyright," [said Register of Copyrights Shira Perlmutter]. The copyright office says it's working on a separate report that "will turn to the training of AI models on copyrighted works, licensing considerations, and allocation of any liability."