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Prompts Aren't Enough: U.S. Copyright Office Issues Major AI Copyright Guideline



The U.S. Copyright Office has released a comprehensive report that establishes clear guidelines on the relationship between artificial intelligence and copyright protection, marking a significant development in how AI-generated works will be treated under copyright law.


In the report released January 2025, the Copyright Office maintains that human authorship remains a fundamental requirement for copyright protection, while providing detailed guidance on how AI-assisted works may qualify for protection. The report, titled "Copyright and Artificial Intelligence, Part 2: Copyrightability," comes after extensive consultation with over 10,000 commenters representing diverse stakeholders from all 50 states and 67 countries.


A key finding is that prompts alone - the text instructions given to AI systems - do not provide sufficient creative control to warrant copyright protection. However, the Office acknowledges that AI can be used as a tool in creating copyrightable works when there is substantial human creative input and control over the expressive elements.


The report outlines several important principles:


  • Works generated entirely by AI without meaningful human creative input cannot receive copyright protection

  • Using AI as an assistive tool does not disqualify a work from copyright protection

  • Original expression created by human authors remains protected even when combined with AI-generated content

  • The evaluation of human contribution must be assessed on a case-by-case basis


"Copyright protects the original expression in a work created by a human author, even if the work also includes AI-generated material," the report states, while emphasizing that "copyright does not extend to purely AI-generated material, or material where there is insufficient human control over the expressive elements."


The Office explicitly rejected calls for new legislation or sui generis rights for AI-generated works, finding that existing copyright law principles are sufficient to address current challenges. This decision comes despite some stakeholders arguing that protecting AI-generated works could promote innovation and creativity.


The report also addresses international developments, noting that while different countries are taking varied approaches, there appears to be an emerging consensus on the requirement for human authorship. The Office plans to continue monitoring technological and legal developments to determine if any adjustments to these guidelines become necessary.


To assist creators and businesses, the Copyright Office will provide ongoing guidance through additional registration materials and updates to its Compendium of U.S. Copyright Office Practices. The report represents a balanced approach that aims to preserve the incentives for human creativity while acknowledging the growing role of AI in creative processes.


This guidance comes at a crucial time as AI tools become increasingly sophisticated and widely available, providing much-needed clarity for creators, businesses, and the legal community on how copyright law will apply to works created with AI assistance.


 

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