US Copyright Office: AI-Generated Works Remain Uncopyrightable in Latest Report, No Legal Changes Needed

US Copyright Office: AI-Generated Works Remain Uncopyrightable in Latest Report, No Legal Changes Needed

By Marcus Stevenson

January 30, 2025 at 11:33 PM

The U.S. Copyright Office (USCO) has released a comprehensive 50-page report clarifying its stance on AI-generated works and copyright protection. Here are the key findings:

Core Position on AI Works:

  • Works created entirely by AI cannot be copyrighted
  • Over 10,000 commenters largely agreed with this position
  • No changes to existing copyright law are recommended at this time

Mixed Human-AI Works:

  • Must be evaluated case-by-case
  • Copyright protection applies only to "perceptible human expressions"
  • AI assistance in the creative process doesn't affect copyrightability
  • Human-created works modified by AI receive protection limited to the original human elements

JMMB Bank building with columns exterior

JMMB Bank building with columns exterior

Prompts and Copyright:

  • Current AI prompts alone don't qualify for copyright protection
  • Users don't have sufficient creative control over AI outputs through prompts
  • Future AI systems might enable enough user control to warrant protection, but this isn't currently possible

Important Considerations:

  • The Office will continue case-by-case analysis
  • No immediate need for new legislation
  • Protection scope similar to derivative works
  • Human creative expression remains protected

This report is part of a larger AI inquiry, with a third report on AI training and licensing forthcoming. The findings maintain existing copyright principles while acknowledging the evolving nature of AI technology in creative processes.

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Concert crowd at Ticketmaster event

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