In a significant development for AI and copyright law, the U.S. Copyright Office released Part 2 of its AI Report on January 29, 2025, addressing the copyrightability of AI-generated works. The Office concluded that existing copyright law principles are sufficient to handle AI technologies, affirming that copyright protection extends only to works where human authors have contributed sufficient expressive elements. The Office clarified that while merely providing prompts to AI systems does not qualify for protection, copyright is available when human-authored work is perceptible in an AI output or when humans make creative arrangements or modifications to AI outputs. Notably, the Office found no justification for changing existing law to provide additional protection for AI-generated outputs, emphasizing that using AI to assist in creation or including AI-generated material within larger human-generated works does not bar copyrightability.
The report represents a significant milestone in clarifying the intersection of copyright law and AI-generated content. By affirming that existing copyright frameworks are sufficient, while also establishing clear guidelines for human authorship requirements, the Copyright Office has provided valuable guidance to creators, businesses, and legal practitioners navigating this rapidly evolving landscape. The emphasis on case-by-case evaluation, combined with practical examples of protectable contributions, creates a balanced approach that both preserves traditional copyright principles and acknowledges the growing role of AI in creative processes. As AI technology continues to advance, these guidelines will serve as a valuable reference point for determining copyrightability while maintaining the fundamental requirement of human creativity in copyright protection.