The US Copyright Office allows AI-generated content to have copyrights as it considers artificial intelligence as a creative tool.
AI-made content is eligible for copyright as long as a human contributed more significantly than AI in its creation.
As the US leads AI innovation, this decision can shape how artists use artificial intelligence as an aid, not a replacement, to their creativity.
How AI-made media can qualify for copyright protection
Two years ago I started advocating for copyright in AI. It was first Zarya of the Dawn and then Rose Enigma I did for this. It’s a small step forward and I am so happy today. AI work can be copyrighted. Your work matters. AI are tools for creativity (not replacement of it). https://t.co/Ij8cnbZkee
— Kris Kashtanova (@icreatelife) January 29, 2025
The US Copyright Office document, “Copyright and Artificial Intelligence, Part 2: Copyrightability,” says:
“The use of AI tools to assist rather than stand in for human creativity does not affect the availability of copyright protection for the output.”
That means that AI-generated content like novels, art, music, films and software can receive copyright protection.
However, the Office will analyze the content in question to verify whether human contributions outweigh AI-made ones in its creation.
As mentioned, the AI-made media can receive copyright protection if the Office confirms it was made mostly with human creativity.
Artists and their AI problem
A very real concern with AI art is that it discourages actual art and creativity from artists and as they leave/are forced out of the industry, more AI art will take their place, further adding to the problem. It is a negative feedback loop that will destroy artists careers and…
— Rassoul Edji (@RassoulEdji) September 20, 2024
Generative AI impressed the world by creating nearly any media that people can imagine.
However, many artists have protested online against its impact on their jobs and human creativity.
Some argue that artificial intelligence removes the skill required in creating art. Instead of learning how to draw or write, people can just command an AI.
Moreover, companies have been replacing creative workers with AI as they believe this technology can perform their tasks at lower costs.
AI adoption has expanded to such an extent that the tech firm Adobe encourages artists to adapt to this technology.
Those who refuse are “not going to be successful in this new world without using it,” says Alexandru Costin, vice president of generative AI at Adobe.
The US Copyright Office allowed AI-generated material to apply for copyright protection, so more artists will likely use the technology.
Nevertheless, everyone should follow ethical guidelines in using AI-made media to minimize harm.