The U.S. Copyright Office’s January 2025 report titled “Copyright and Artificial Intelligence, Part 2: Copyrightability” marks a pivotal moment in the legal interpretation of artificial intelligence-generated content. This document underscores that U.S. copyright law, as it currently stands, does not recognize AI-generated works as eligible for copyright unless there is a sufficient and creative human contribution. The implications are profound for developers, artists, writers, musicians, and businesses using AI to create content and for those seeking copyright protection for such works.

The report confirms that copyright protection requires a human author, reaffirming the long-standing legal principle that only human-created expressions qualify for such rights. This position was reinforced by the courts in notable decisions, including the Thaler v. Perlmutter case, which denied copyright protection to an image wholly generated by a machine with no human input. Importantly, the report distinguishes between works that are assisted by AI and those fully generated by it. If AI serves as a tool under a human’s creative control—through meaningful prompting, expressive inputs, or creative modification—the human-authored portions may still qualify for protection.

However, the U.S. Copyright Office made it clear that simply inputting a text prompt into a generative AI system does not establish authorship. While some prompts themselves may be copyrightable if they are sufficiently original, the outputs they generate typically cannot be claimed unless the user exercises considerable creative input and control. This clarity is critical as AI tools become more sophisticated and accessible across industries. It ensures that while innovation is encouraged, copyright remains a reward for human creativity and not merely the result of algorithmic automation.

This guidance brings much-needed legal certainty to creators navigating the intersection of law and emerging technologies. It empowers those using AI in support of their artistic process—such as to edit music, adjust visual effects in films, or structure narrative drafts—by affirming their ability to retain rights over their original input and final output, provided it reflects human authorship. But it also cautions against assuming automatic rights over content generated with minimal human engagement.

For anyone leveraging AI in their creative or business processes, understanding these distinctions is essential for protecting intellectual property. At The Plus IP Firm, we help creators and innovators navigate the evolving legal landscape surrounding AI and copyright. Whether you’re developing AI-generated content, seeking to register a work involving AI tools, or facing a copyright dispute, we offer tailored legal strategies to ensure your creative contributions are recognized and protected under current law.

If you are incorporating AI into your creative workflow and want to know how to protect your intellectual property, don’t leave it to chance. Contact The Plus IP Firm today. Call Mark Terry at 786-443-7720 or email [email protected] to schedule a consultation. Let us help you stay compliant, stay creative, and stay protected in this new era of copyright law.