According to a recent report from the U.S. Copyright Office, artists are permitted to secure copyrights for works created with the assistance of artificial intelligence. This development could significantly facilitate the integration of AI tools across various sectors, particularly in Hollywood, the music industry, and broader creative realms.
The Copyright Office, situated within the Library of Congress and operating independently from the executive branch, processes approximately half a million copyright applications each year, encompassing millions of distinct works. The office has noted a growing number of requests for the registration of AI-generated creations.
While individual decisions are typically made on a case-by-case basis, the newly issued report clarifies that the office’s policy is centered around the vital role of human creativity in works eligible for copyright. According to Shira Perlmutter, the Register of Copyrights, the principle remains that creativity augmented by AI tools still qualifies for protection under copyright laws. She stated, “Where that creativity is expressed through the use of AI systems, it continues to enjoy protection.”
A work created with AI support might be copyrightable if the influence of the artist is evident. If a human artist creatively modifies or arranges an output from AI, the work may also fall under copyright protections.
The report comes after a comprehensive review launched in 2023, which solicited feedback from a wide range of individuals, including AI developers, actors, musicians, and industry professionals. One clear takeaway from the findings is the Copyright Office’s determination to deny copyright claims for works that are solely generated by machines. Simply using a chatbot or an AI image generator without significant human involvement does not confer copyright rights on the user. As Perlmutter articulated, “Extending protection to material whose expressive elements are determined by a machine … would undermine rather than further the constitutional goals of copyright.”
However, the report does not address the ongoing debate surrounding the use of copyrighted content by AI systems for training purposes, which often occurs without consent or remuneration. Legal actions have been initiated by visual artists, authors, news agencies, and others against AI firms for copyright infringement, and these cases are currently making their way through the U.S. judicial system.
While the Copyright Office refrains from commenting on these legal disputes, it has announced plans for an additional report that will focus on issues related to training AI models using copyrighted works, as well as considerations for licensing and the assignment of liability.
