Introduction
The evolving landscape of copyright law is adapting to the integration of artificial intelligence (AI) in creative processes. Recent developments by the US Copyright Office highlight the conditions under which AI-generated artworks can receive copyright protection, emphasizing the necessity of human creativity in such works.
Description
The US Copyright Office has registered a second visual AI-generated artwork [1], following the groundbreaking registration of “A Single Piece of American Cheese,” which was the first artwork entirely generated by AI to receive copyright protection. This registration was granted after Kent Keirsey, the CEO of Invoke [3], demonstrated meaningful human creativity through approximately 35 edits to the AI-generated image, focusing on the selection [3], coordination [1] [3], and arrangement of its components [3]. The Copyright Office initially rejected Invoke’s application but reversed its decision upon reviewing a workflow video that illustrated Keirsey’s creative process [3], showcasing how various AI elements were combined into a cohesive image [3].
Recent clarifications from the Copyright Office indicate that AI-generated images can be eligible for copyright if they contain sufficient original creative input from a human [2]. Works that are entirely machine-generated [2], with only a text prompt from a user [2], do not qualify as human-authored and thus are not copyrightable [2]. This guidance emphasizes that human creativity expressed through AI tools retains legal protection [2], similar to traditional artistic tools [2]. Each case will be assessed individually to determine the extent of human contribution to the final work [2].
This precedent indicates a significant shift in the evolving landscape of copyright law, as the office emphasizes the necessity of human creativity in the creation of artistic works produced with AI tools. The registration of AI-generated images is likely to increase as the legal framework adapts to the complexities of such content, providing guidance for future applications. Keirsey expressed confidence that the creative control capabilities of Invoke align with the standards for human authorship set by the US Copyright Office [3], paving the way for more artists to incorporate AI into their production workflows.
The guidance is particularly relevant for artists using AI in their creative processes [2]. For instance [2], a digital artist who won a contest with an AI-generated image is appealing a copyright registration refusal [2], arguing that his prompt selection constitutes authorship [2]. The new nuanced stance from the Copyright Office may support his case if he can demonstrate meaningful creative control [2]. The report does not change existing law but interprets it in the context of new technology [2], with legal experts viewing the guidance as a detailed analysis of how current law applies to AI-generated works [2].
Another aspect of the report addresses the training of AI models on copyrighted material [2], a concern for many artists regarding the use of online images without permission [2]. The Copyright Office plans to explore whether such practices infringe copyrights or fall under exceptions like fair use [2]. The creative community’s response to the guidance has been cautiously positive [2], recognizing that creators using AI tools retain rights to their creations while establishing boundaries to prevent copyright claims on works created with minimal human input [2]. Overall, the guidance indicates that AI is viewed as a tool [2], with copyright law focusing on the human creativity that utilizes it [2], setting the stage for future legal precedents as artists continue to explore the capabilities of AI [2].
Conclusion
The US Copyright Office’s recent actions underscore a pivotal shift in copyright law, accommodating the rise of AI in artistic creation. By clarifying the role of human creativity in AI-generated works, the Office is paving the way for more artists to integrate AI into their workflows while ensuring that copyright protections remain grounded in human authorship. This evolving legal framework will likely influence future applications and disputes, as artists and legal experts navigate the intersection of technology and creativity.
References
[1] https://chatgptiseatingtheworld.com/2025/02/13/copyright-office-registers-artwork-collage-consisting-of-ai-generated-elements/
[2] https://fstoppers.com/artificial-intelligence/us-copyright-office-some-ai-generated-images-can-be-protected-conditions-692113
[3] https://petapixel.com/2025/02/12/this-is-the-first-ever-ai-image-to-be-granted-copyright-protection-a-slice-of-american-cheese/
