Copyright Considerations for AI-Generated Content

In the United States, AI-generated creations, such as books, movies, and other works, that have undergone human editing can likely be copyrighted, but those without any human modifications or additions cannot.

This information is based on a report published by the U.S. Copyright Office (USCO) on Wednesday, which outlined scenarios in which AI-generated content might be eligible for intellectual property (IP) protections. For instance, a movie production house could copyright a film in which they utilized an AI tool to “de-age” actors or remove objects from a scene.

However, prompts alone, such as “a sketch of a flower in springtime,” typically do not produce works that can be copyrighted. The USCO made it clear in its report that copyright must be determined on a case-by-case basis.

The agency has yet to rule whether AI systems making “expressive,” independent artistic choices can produce copyrightable works. It plans to address this in a follow-up report due out in the coming months.

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