Introduction
The evolving intersection of artificial intelligence (AI) and copyright law presents complex challenges, particularly regarding the eligibility of AI-generated content for copyright protection. While human-authored creative elements are protected under copyright law, works generated by AI systems have consistently been denied such protection. This ongoing legal discourse is shaped by significant court rulings and the need to adapt intellectual property frameworks to technological advancements.
Description
Human-authored expressive elements in creative works [4], such as the selection and arrangement of costumes and accessories [4], are eligible for copyright protection [3] [4]. In contrast [4], content generated by non-humans [4], including AI systems [4], has been consistently denied such protection [4]. Legal precedents [4], including Urantia Found. v. Kristen Maaherra and Naruto v [4]. Slater [4], affirm that creations by non-human entities do not qualify as authors under copyright law [4].
A significant ruling in 2023 [4], Thaler v [2] [4]. Perlmutter [2] [4], addressed the issue of copyright for AI-generated content [4], specifically concerning an image titled “A Recent Entrance to Paradise,” which was autonomously created by an AI system. The US Copyright Office denied registration [2], asserting that copyright law only protects works created by humans [2]. The district court upheld this decision [2], emphasizing the necessity of human creativity for copyright eligibility and referencing the Supreme Court case Burrow-Giles Lithographic Co [2]. v. Sarony [2], which established that human creative decisions in photography constitute authorship [2]. The court concluded that the AI operated independently [2], lacking human creative input [2] [3].
Thaler contended that copyright law does not explicitly require human authorship and argued that the Copyright Act accommodates technological advancements. However, the Copyright Office maintained that the Act presumes human authorship [2], highlighting the distinction between authorship and ownership [2], and noted that copyright is linked to human life spans [2], which do not apply to machines [2]. It clarified that AI-assisted works could be registered if substantial human input was involved [2]. For AI-generated content to be eligible for copyright protection [3], there must be sufficient human contribution [3], as mere prompting is deemed insufficient for authorship [3]. The report emphasizes that when a human contributes creatively alongside AI, they can be recognized as an author [3], akin to joint authorship principles [3].
To strengthen the case for copyright protection [2], design professionals using AI should document the extent of human input in AI-generated works [2]. This includes maintaining a log of original inputs and modifications [2], as well as detailing the level of instruction provided to the AI regarding tone or style [2]. Continued interaction with the AI [2], such as requesting revisions or making detailed modifications [2], can demonstrate the designer’s control over the creative process [2]. While no procedures guarantee copyright protection for AI-assisted designs [2], diligent record-keeping can enhance the case for intellectual property protection [2]. Additionally, AI-generated content may be copyrightable if it is arranged or modified with human creativity [3], such as a compilation of AI-generated images paired with a human-authored narrative [3].
Emerging legal frameworks in various jurisdictions are beginning to recognize AI-generated works [1], potentially providing tailored protections for machine-created content [1]. Digital watermarking [1], blockchain verification [1], and provenance tracking can establish authenticity and authorship for AI-generated content [1], helping to deter unauthorized use [1]. Open licenses [1], such as Creative Commons [1], enable creators to define permissible uses while retaining control and attribution over their AI-generated works [1]. Collective rights management frameworks can facilitate the registration and licensing of AI-generated content [1], ensuring fair compensation and protection for creators [1].
As the legal landscape surrounding AI and intellectual property evolves [1], businesses can leverage alternative IP protections to safeguard their AI-generated assets and maintain a competitive edge [1]. While current copyright law emphasizes human authorship [1], ongoing discussions may lead to new frameworks [1], including specialized rights for AI-generated works or corporate ownership models for businesses developing AI technologies [1]. To navigate this complex environment [1], businesses should remain informed and proactive [1], recognizing that while AI-generated content may not fit traditional copyright protections [1], strategic legal structuring can help protect their intellectual assets in a rapidly changing landscape [1]. The Copyright Office is preparing further reports to address the implications of using protected works for training AI models [3].
Conclusion
The intersection of AI and copyright law is a dynamic and evolving field, with significant implications for creators, businesses [1], and legal systems worldwide. As AI technology continues to advance, the need for adaptable legal frameworks becomes increasingly critical. The ongoing dialogue and legal developments in this area will shape the future of intellectual property rights, potentially leading to new protections and models that accommodate the unique nature of AI-generated content. Businesses and creators must stay informed and strategically navigate this landscape to protect their intellectual assets effectively.
References
[1] https://www.forbes.com/sites/douglaslaney/2025/02/11/copyright-or-copywrong-ais-intellectual-property-paradox/
[2] https://www.mgmlaw.com/news-insights/the-protection-of-ai-generated-works-as-intellectual-property
[3] https://natlawreview.com/article/enough-human-contribution-ai-generated-outputs-may-be-copyright-protectable
[4] https://www.jdsupra.com/legalnews/copyright-office-releases-second-ai-2896981/
