Copyright Office Releases Part 2: Artificial Intelligence Report

MARK TERRY, ESQ.

The U.S. Copyright Office’s second report on artificial intelligence addresses when works created with generative AI may qualify for copyright protection.

The report maintains that copyright protects human authorship. Material produced entirely by an AI system, without sufficient creative contribution from a person, is not protected merely because a user requested or selected the output.

AI can still be used as a creative tool. Human-authored text, original visual elements, expressive editing, arrangement, and substantial modification may remain protectable even when AI contributes other portions of the finished work.

This means creators should be able to explain what they contributed. Saving prompts alone may not be enough. Drafts, revisions, layered files, editing history, and notes describing creative decisions can help demonstrate the human role in the final expression.

The report also creates practical considerations for copyright registration. Applicants should identify and disclaim unprotectable AI-generated material while clearly claiming the portions that reflect original human authorship.

Businesses adopting generative AI should develop internal review and documentation standards now. Those procedures can improve registration accuracy, reduce ownership disputes, and support future enforcement of the parts of a work that copyright law actually protects.