AI-Assisted Works Can Get Copyright If Creatively Modified, Says US Copyright Office

The growing influence of artificial intelligence (AI) in creative fields has sparked widespread debate over copyright protection. As AI-generated content becomes more sophisticated, questions about authorship, intellectual property rights, and originality have become central issues.

AI-Assisted Works Can Get Copyright If Creatively Modified, Says US Copyright Office

A new report from the U.S. Copyright Office, released on January 30, 2025, provides greater clarity on how AI-assisted works can be copyrighted. The report reinforces the principle that human creativity remains the key factor in determining copyright eligibility. While AI can assist artists, musicians, writers, and filmmakers, it cannot independently claim copyright.

This decision could have major implications for industries like film, music, publishing, and visual arts, where AI tools are increasingly used to generate content. But what exactly qualifies for copyright protection in an AI-assisted work? And how does this impact artists and AI developers?

Let’s explore the key takeaways from the US Copyright Office’s latest report on AI-generated content.


The Central Role of Human Creativity in Copyright Protection

The U.S. Copyright Office receives nearly half a million applications per year, covering millions of creative works. As AI-generated content has surged in recent years, the office has had to address the legal complexities surrounding AI-assisted works.

The latest report affirms that human authorship remains the foundation of copyright law. Register of Copyrights Shira Perlmutter, who directs the office, emphasized this in her statement:

“Where that creativity is expressed through the use of AI systems, it continues to enjoy protection.”

In other words, if a human artist uses AI tools but contributes substantial creative input, the final work may still qualify for copyright protection.

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When Can AI-Assisted Works Be Copyrighted?

The report outlines several conditions under which an AI-assisted work can receive copyright protection:

  1. The artist’s input is perceptible in the final work – If an AI-generated output is significantly modified or arranged creatively by a human, the work may qualify for copyright protection.
  2. A human actively contributes to the work’s originality – Simply generating an image, text, or music with an AI tool does not qualify for copyright, but editing, modifying, or adapting the AI-generated content may.
  3. Creative decisions are made by the artist – If a person directs and manipulates AI output in a way that shows human originality, it can be protected.

However, fully machine-generated content remains ineligible for copyright. The report states that an AI alone cannot be considered an “author” under U.S. copyright law.

What Does NOT Qualify for Copyright?

  • Fully AI-generated content with no human intervention – Simply entering a prompt into an AI model (such as ChatGPT or Midjourney) does not create a copyrightable work.
  • AI-generated works with minimal human editing – If a person makes only small adjustments, such as cropping an AI-generated image or fixing grammar in AI-written text, it is not enough to claim copyright.
  • AI-generated works used in commercial projects without modification – Even if an AI-generated work is used in a published book, film, or advertisement, it does not automatically gain copyright protection.

These guidelines align with previous decisions made by the Copyright Office, including the rejection of AI-generated artwork submitted by visual artist Kris Kashtanova in 2023. In that case, Kashtanova used Midjourney to generate images for a comic book. The office ruled that only the text and creative arrangement of images were copyrightable—not the AI-generated artwork itself.

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Impact on Hollywood, Music, and the Creative Industries

The entertainment industry has been closely watching this debate, especially as AI-generated scripts, music, and visual effects become more common. This ruling provides more legal certainty for filmmakers, musicians, and authors using AI tools.

1. AI in Film and Television

  • AI is being used for scriptwriting, visual effects, and voice synthesis in Hollywood.
  • The ruling ensures that AI-assisted scripts and storyboards require human creativity to be copyrighted.
  • Studios using AI tools must ensure human writers and artists contribute significantly to retain copyright protections.

2. AI in the Music Industry

  • AI-generated music has raised concerns over authorship and royalties.
  • Musicians using AI-assisted composition tools can copyright their work if they creatively modify or arrange AI-generated melodies.
  • The ruling prevents AI models from independently claiming copyright on songs.

3. AI in Visual Arts and Publishing

  • Many digital artists use AI to enhance their designs, create sketches, or generate ideas.
  • The Copyright Office affirms that artists can register AI-assisted works only if they contribute original creativity.
  • AI-generated books and articles must have human authorship to qualify for copyright protection.

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The Copyright Debate Over AI Training Data

One major issue not addressed in this report is the ongoing legal battle over how AI models are trained.

Many AI systems, including ChatGPT, Midjourney, and Stable Diffusion, are trained on millions of copyrighted works—often without permission from artists, writers, or musicians. This has led to lawsuits from content creators who claim that AI developers are using their work without compensation.

While the Copyright Office did not rule on this issue, it acknowledged that a future report will explore the legality of AI training data, licensing considerations, and liability concerns.

Until then, the question remains:

  • Should AI companies be required to obtain permission before training on copyrighted content?
  • Will artists and content creators receive compensation for their work being used in AI models?

These legal questions are still being debated in U.S. courts.

This ruling marks a crucial step in defining copyright laws for AI-assisted creativity. However, many legal questions remain unanswered, and the debate over AI and intellectual property is far from over.

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FAQs

1. Can AI-generated content be copyrighted?

No, fully AI-generated works cannot be copyrighted. However, AI-assisted works with substantial human creativity may qualify.

2. What does “AI-assisted work” mean?

An AI-assisted work is created using AI tools but with significant human modification or creative input.

3. Can I copyright an image generated by Midjourney or DALL·E?

Not by itself. However, if you edit, modify, or creatively arrange the image, it may qualify for copyright.

4. Can AI-generated music be copyrighted?

Only if a musician modifies, arranges, or contributes creative input to the AI-generated composition.

5. Does prompting an AI model count as authorship?

No, simply entering a prompt into an AI tool does not qualify as human authorship.

6. Can Hollywood use AI-generated scripts and get copyright protection?

Only if human writers significantly contribute to the script—fully AI-written scripts are not eligible.

7. Are AI companies violating copyright laws by training on existing works?

This is still being debated in court, and the US Copyright Office is preparing a separate report on this issue.

8. What is the main legal challenge with AI and copyright?

The biggest issue is whether AI companies should license copyrighted content before using it for training AI models.

9. Will AI replace human artists and writers?

AI will assist creativity, but human originality remains essential for copyright protection.

10. What should content creators do to protect their work?

Artists and writers should actively register their works with the Copyright Office and monitor AI-generated content that may use their intellectual property.

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