Copyright Office Says AI-Generated Works Based on Text Prompts Are Not Protected


The U.S. Copyright Office has recently published a report that delineates the implications of artificial intelligence (AI) in relation to copyright protection, focusing primarily on the role of human creativity in the process. The report asserts that utilizing AI as a creative aid does not automatically disqualify the resulting work from copyright protection, distinguishing between AI as a mere tool versus a replacement for human authorship. This distinction is crucial; for instance, if an author uses AI to generate ideas or outline a manuscript without integrating AI’s output directly, the finished product retains copyright eligibility. The Office emphasizes that outputs generated solely from AI based on user prompts lack copyright protection under current laws, as the absence of human authorship is a key factor. It asserts that even complex prompts do not confer authorship onto users, reinforcing that the foundational creative input must come from humans. A comparison is drawn to Jackson Pollock’s artistic process, highlighting how human decision-making in art remains pivotal, a quality not reflected in AI-generated works. Nevertheless, if an artist modifies AI-generated materials significantly, such as enhancing an illustration with AI effects while ensuring the original remains recognizable, copyright protection may still apply due to the evident human creativity involved. Similarly, works that integrate AI-generated components with substantial human input—like a comic book or film—may qualify for copyright, provided the human contribution is original and creative. The report outlines three specific scenarios for potential copyright eligibility: when human-authored content is included, when significant modification occurs, or when creativity and originality are evident in the human contribution. While creative prompts may display expressive elements, they typically do not warrant copyright for the AI-generated outputs. The Office acknowledges that as AI technology evolves, so too could the legal landscape regarding human control over creative outputs. Ultimately, the extent of human influence in the creative process remains the focal point of copyright considerations.



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