Can You Register a Copyright in Your AI-Created Work?
Generative AI tools like Midjourney, ChatGPT, and DALL-E have transformed how we create content. From stunning digital art to comprehensive written reports, artificial intelligence allows anyone to produce high-quality material in seconds. However, this technological leap brings a significant legal challenge for businesses and individual creators. When you use a prompt to generate a piece of art or text, you might wonder if you actually own the rights to the final product. Further, you may have thought about protecting your work by seeking registration with the U.S. Copyright Office. But can you do so?
Currently, the United States copyright system operates under a strict set of rules that heavily weigh the origin of the creative work. Understanding how the law treats artificial intelligence is essential for protecting your commercial assets and creative projects.
The Human Authorship Requirement
At the core of U.S. copyright law is the principle of human authorship. The U.S. Copyright Office firmly maintains that copyright protection only extends to material created by a human being. The office requires the "fruits of intellectual labor" to stem from a human mind. Prior to AI, the Copyright Office refused to grant protection for a selfie photograph taken by a monkey. The logic was, since the Copyright Act did not explicitly grant standing to animals to own copyrights, they could not.
Recent high-profile decisions have solidified this stance. In the case of Zarya of the Dawn, a graphic novel featuring images generated by the AI program Midjourney, the Copyright Office ruled that the AI-generated images themselves could not be copyrighted. The human author received copyright protection only for the text and the specific arrangement of the pages, not the individual AI-created pictures.
Federal courts have backed this interpretation. In Thaler v. Perlmutter, the creator of an AI system attempted to register a copyright for an artwork autonomously generated by the machine. The court sided with the Copyright Office, ruling unequivocally that human authorship is a bedrock requirement of copyright, meaning a machine cannot be recognized as an author under current law.
Thus, if you are seeking to register a work that has anything AI-generated in it, your claim will need to exclude that AI-generated content. If you fail to do so, the Copyright Office may reject your application and//or send a letter to you to identify which specific portions were human-generated as opposed to AI-generated.
The "Work-for-Hire" Distinction
Many creators mistakenly believe they can bypass the human authorship rule by treating the AI as an employee or independent contractor under the "work-for-hire" doctrine. In traditional scenarios, if you hire a freelance graphic designer to create a logo, you can use a work-for-hire agreement to ensure your business owns the copyright.
This legal mechanism does not apply to artificial intelligence. Because an AI is not a legal person, it cannot sign a contract, act as an employee, or transfer rights it never possessed. Consequently, you cannot claim ownership of raw AI output simply by arguing the machine generated the work at your direction. The output generally enters the public domain immediately upon creation.
What About your Creative Efforts in Providing Prompts?
People often also try to argue that, if they use AI in a sophisticated manner, by providing multiple prompts to guide the AI to create an image, that this human contribution should create a right to seek copyright protection. However, the current U.S. Copyright Office guidance and position is that the mere provision of prompts to an AI engine/agent does not suffice, and again the AI-generated work resulting from said prompts is not protectable nor able to be registered at the Copyright Office.
Practical Advice for Creators Using AI Tools
While you cannot copyright purely AI-generated content, you can still take steps to protect your broader creative projects. If you incorporate AI into your workflow, keep the following strategies in mind:
- Document your creative process: Keep detailed records of your work. Save your initial concepts, the prompts you use, and every subsequent edit. This helps prove your human involvement.
- Focus on substantial human modification: You can claim copyright over a work if you significantly modify the AI output. Heavy human editing, manipulation, or combining AI elements into a larger, original composition can qualify for protection. The copyright will cover your human contributions, not the underlying AI material.
- Disclose AI use when registering: If you attempt to register a work with the U.S. Copyright Office, you must explicitly disclose any AI-generated elements. Failing to do so can invalidate your registration later.
Consult with Our Legal Team
The intersection of artificial intelligence and intellectual property law changes constantly. Protecting your creative assets requires a nuanced understanding of current regulations and court rulings.
If you need guidance on protecting your intellectual property, navigating the copyright registration process, or managing AI policies within your business, we can help. Contact our firm today to schedule a consultation and ensure your creative works remain secure.
