On January 29, 2025, the U.S. Copyright Office released Part 2 of its Report on Copyright and Artificial Intelligence (AI), focusing on the copyrightability of AI-generated outputs, affirming that existing copyright laws are flexible enough to apply to these new technologies.
The report concludes that copyright does not protect purely AI-generated works. However, some AI outputs can be protected by copyright when a human has contributed sufficient creative input, such as a discernible contribution, or by arranging or modifying the output, providing a clear distinction between “creative input” and “prompting.” Additionally, it clarifies that AI-assisted creations or the inclusion of AI-generated content in a human-created work does not prevent copyright protection.
Finally, the report finds no need for changes or adjustments to current copyright laws to offer additional protection for AI-generated works. However, it states that the extent of human input in an AI-generated work, and whether the work can be protected by copyright, must be determined on a case-by-case basis.
