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The U.S. Copyright Office has taken a firm stance on artificial intelligence and copyright protection: Human creativity remains at the center of copyright law. In its report released January 29, 2025, the office provides clear guidance on when AI-generated content can receive copyright protection.
The key finding? AI outputs can only be protected by copyright when a human author has determined sufficient expressive elements in the work. Simply typing prompts into an AI system isn’t enough to claim copyright protection.
“After considering the extensive public comments and the current state of technological development, our conclusions turn on the centrality of human creativity to copyright,” said Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office, in the January 2025 opinion.
Since early 2023, the Copyright Office had been exploring how copyright law intersects with artificial intelligence. They’ve reviewed over 10,000 public comments, hosted listening sessions, organized webinars, and met with various experts and stakeholders.
The office found that existing copyright principles are flexible enough to handle this new technology, just as they’ve adapted to other technological innovations throughout history. They determined no changes to existing law were necessary to provide additional protection for AI-generated outputs.
Read next: Can AI replace human creativity?
Copyrightable content when AI is used
The Copyright Office outlines several scenarios where AI-generated content might qualify for copyright protection. Those are when…
- a human-authored work is clearly visible in the AI output
- the human has implemented creative arrangements or modifications to the AI-generated content
- AI assists in the creative process but doesn’t determine the expressive elements
Good news for creators who use AI as a tool – the mere use of AI during content creation won’t automatically disqualify your work from copyright protection. Similarly, including some AI-generated elements within a larger human-created work won’t prevent you from copyrighting the overall piece.
A crucial concept in AI copyright involves derivative works. As Christopher Penn explains on “The Business Storytelling Podcast,” there are two main copyright issues with AI:
- the training data used to create AI models
- the outputs they generate
Both connect to the concept of “derivative works” – any work created from another work.
“If you are providing the raw materials, and you can demonstrate a documented chain of evidence that your stuff was the source material, then in most places, most of the time, it’s generally accepted that even if AI did the summarization, it is still a derivative work,” Christopher explains.
While some might be tempted to use AI detection tools to verify content origins, Christopher strongly advises against this practice.
“AI checkers are worthless. Never use them,” he warns, citing an example where a detector claimed the Declaration of Independence was “AI generated.” These tools can lead to false accusations and shouldn’t be relied upon for copyright verification.
Read next: 8 Tips For Using AI to Write a Book
The human element in AI content
While the copyright discussion continues, experts have emphasized all along that AI works best as a tool rather than a replacement for human creators. “The AI Marketing Canvas” author Jim Lecinski explained on “The Business Storytelling Podcast” that AI is a tool to help reach business goals, not a strategy itself.
Content marketing expert Jeff Bullas adds that AI excels at tasks like writing drafts and analyzing data but struggles with personal stories and authentic experiences.
“AI is crap at writing really personal true stories or stories that come from human experience,” Jeff notes on “The Business Storytelling Podcast”, highlighting why human creativity remains central to content creation.
Author and AI expert Katie King cautioned on “The Business Storytelling Podcast” against rushing into AI adoption without clear objectives.
“Don’t just jump in with two feet thinking, ‘I’ve got to buy some AI.’ You’re really considering a problem. You’re considering the potential solution that AI might have to some of your needs,” she advises. But also don’t get caught in the “we’ve tried that once” trap.
Shawn Goodin helped create the AI playbook for CMOs. He outlines three phases of AI evolution in organizations:
“We’re sort of in phase one of like a three phase horizon,” he explained on “The Business Storytelling Podcast.” “Phase one is point solutions – getting your employees touching these tools in a very low risk way.”
Phase two involves building an architecture that incorporates brand standards and connects various AI tools cohesively. Phase three envisions AI as “the operating system for your company.”
However, Shawn emphasized that waiting is no longer an option.
“We’re not in a wait and see anymore. There’s a very small contingent of leaders that feel like they can be in a wait and see, but the question is, well, how do I get going?,” Shawn said.
Looking ahead
This U.S. Copyright Office’s guidance has significant implications for creators, businesses, and the AI industry. Clear copyright boundaries help creators understand how to effectively use AI in their work.
The message is clear – while AI can be a powerful creative tool, copyright protection remains firmly anchored in human creativity. Using AI won’t prevent you from claiming copyright, but the creative decisions that make the work unique must come from human input.
For businesses using AI, attorney Mitch Jackson said on “The Business Storytelling Podcast” that it’s important to implement clear policies.
“If you’re encouraging your team to embrace AI, but you’re not giving them these data protected AI versions of the tool…you may be inadvertently disclosing private information.”