Registration of AI Created or Assisted Works- The US Copyright Office's Position

As a general rule, purely AI created content is not copyright protected or eligible for copyright registration.

Copyright covers what you, as a human, contribute. The original AI-generated parts are not protected by themselves.

However, just this year, the US Copyright Office reviewed and made a statement about what type of content that was created using AI prompts or that contains AI generated content can be registered.

Human Creativity Counts

Basically, using AI to create content is just the beginning. Human creativity must be added to make the final product unique.

Examples of Protection Outlined in Three Scenarios:

1. When human-authored content is incorporated into the AI output.

Ex. A ten chapter book with two chapters written by AI. While the two chapters would not be eligible for registration, the book on a whole would be.

2. When a human organizes or alters AI-generated content in a creative way, that whole arrangement can be protected by copyright law.

Ex. An example of this is a comic book that used AI-generated images. The Copyright Office stated that the significant human contribution was in creatively choosing and arranging the images, placing the images with their own text. So, while the AI images alone could not be copyrighted, the comic book as a whole could.

3. When the human contribution is sufficiently expressive and creative.

Ex. An example of this is when a person inputs their own original work into Chat GPT and prompts it to make certain creative changes to the material. The added AI material could not be copyrighted on it’s own but the overall finished product which contains a significant input of human material canbe.

So, the US Copyright Office has stated that AI can assist with:

Editing and refining original human created content- text and images.

Drafting ideas or outlines that a person may use to write their own text.

Act as a creative assistant in helping a person arrange or modify their own original work.

In addition, the Copyright Office makes clear that using AI in the creative process does not disqualify a work from copyright protection. AI can assist with:

•            Editing and refining text or images

•            Generating drafts or preliminary ideas for human creators to shape.

•            Acting as a creative assistant while the human determines the final expression.

So, In Short…

What’s Protected: Copyright covers what you, as a human, contribute. The original AI-generated parts are not protected by themselves.

Understanding Modification: Think of your changes like editing an existing work. Even though it’s not a "derivative work" in the technical sense, your modifications show originality.

This approach helps ensure that the creative input of humans is recognized and protected, even when AI is part of the process.

At Mortimer Legal, PLLC, we specialize in navigating the complexities of copyright law. Whether you need guidance on registration, publication, or enforcement, we are here to help. Schedule a free 20-minute discovery call with us today by clicking the link, and take the first step towards securing your creative legacy.