Introduction
The United States Copyright Office (USCO) is actively examining the impact of artificial intelligence (AI) on copyright law, with a focus on generative AI technologies and their effects on human authorship in creative works, such as music. This investigation includes a series of reports that address the copyrightability of AI-generated works and the legal challenges posed by these technologies.
Description
The United States Copyright Office (USCO) is conducting an in-depth investigation into the implications of artificial intelligence on copyright law, with a particular emphasis on generative AI technologies and their influence on human authorship in creative works, including music. In 2023, the Office released a series of reports addressing the copyrightability of works created using generative AI, starting with Copyright and Artificial Intelligence Part 1: Digital Replicas [2]. This report delves into the legal ramifications of deepfakes and the unauthorized use of individuals’ images or works [2], advocating for new protections that extend beyond just celebrities [2].
The second report, Copyright and Artificial Intelligence Part 2: Copyrightability [2], clarifies that the copyright status of AI-generated works is determined on a case-by-case basis [2], underscoring the necessity of human authorship for copyright eligibility [2]. It has been established that works created solely by AI, such as images produced by tools like DALL-E, ChatGPT [1], or Midjourney [1], cannot be copyrighted [1] [2], regardless of the effort involved in crafting the prompts [1]. However, AI-assisted works may be copyrightable depending on the extent of human involvement [2]. If a human’s copyrightable work is present in the AI output [2], it is generally considered copyrightable [2]. Additionally, AI outputs that have undergone material modifications may also be eligible for copyright, subject to review [2], and the creative selection or arrangement of AI-generated content may qualify for copyright protection, even if the output itself does not.
The reports highlight significant concerns raised by the music industry, including the potential loss of income due to AI-generated voice clones and the displacement of human labor in sound recordings [3]. The chaotic and rapidly evolving landscape of copyright and patent protections related to generative AI underscores the need for new and improved protections against digital replicas. The USCO has concluded that no new legislation is required for these guidelines [2], expecting authors to self-report AI usage with a minor addition to the application process for AI disclosure [2].
In its conclusions, the reports recommend that Congress establish a federal right aimed at protecting individuals from the unauthorized use of their likeness and voice. Recognizing the global nature of AI development [3], the reports stress the importance of international dialogue to create consistent legal frameworks. Furthermore, the Copyright Office provides resources for music creators [3], detailing copyright law [3], registration processes [3], and the rights associated with musical works and sound recordings [3]. Copyright protection is automatic upon the fixation of a work in a tangible format [3], granting exclusive rights to copyright owners [3], including distribution and performance rights [3]. While registration is not mandatory [3], it offers additional legal benefits [3], reinforcing the need for a thoughtful approach to the evolving landscape of copyright in the age of AI. As of January 2025, hundreds of AI-enhanced works have been registered [1], and comprehensive guidance on AI-assisted material is available on the US Copyright Office’s website [1]. A third report is anticipated [2], which will address the legality of AI companies using copyrighted works for training without consent [2].
Conclusion
The USCO’s investigation into AI’s impact on copyright law highlights the complex challenges posed by generative AI technologies. The reports emphasize the necessity of human authorship for copyright eligibility and propose new protections against unauthorized use of likeness and voice. The evolving legal landscape requires international cooperation and thoughtful consideration to ensure that copyright laws remain effective in the age of AI. The ongoing dialogue and forthcoming reports will continue to shape the future of copyright in the context of AI advancements.
References
[1] https://mashable.com/article/us-copyright-office-registers-one-thousand-ai-generated-works
[2] https://steinip.com/blog/can-i-copyright-a-work-that-ai-helped-create/
[3] https://blogs.loc.gov/copyright/2025/05/a-i-art-and-copyright-the-human-element-that-makes-all-the-difference/
