Protecting Your AI-Generated Content: What You Can and Cannot Copyright
Navigating the Evolving Copyright Landscape: Key Insights on Protecting AI-Generated Content. Explore the latest guidance from the US Copyright Office on copyrighting AI-assisted creations, ensuring your IP remains safeguarded.
2025年2月19日
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This blog post provides valuable insights into the latest copyright guidelines for AI-generated content. Discover what you can and cannot copyright when using AI tools in your creative process. Learn how to ensure your work remains protected, even as AI technology continues to evolve.
The Crux of the Copyright Issue with AI
What Qualifies as Copyrightable AI-Generated Content?
Prompts and Copyright: A Difference of Opinion
Copyright for Visual Mediums: Images and Videos
The Bottom Line: Human Authorship is Key
The Crux of the Copyright Issue with AI
The Crux of the Copyright Issue with AI
The key points regarding the copyright of AI-generated content are:
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Some forms of AI-generated content can receive copyright protection, provided that a human has substantially contributed or changed the content.
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Human creativity remains central to copyright law and intellectual property rights, even as AI tools become more widely used in artistic and commercial creation.
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If a brand, trademark, or copyrighted material is integrated into AI-generated media, those elements remain protected.
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The copyright office has identified three scenarios where AI-generated content can be copyrightable: a. When human-authored content is incorporated into the AI output. b. When a human significantly modifies or arranges the AI-generated material. c. When the human contribution is sufficiently expressive and creative.
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Using AI as a creative assistant, such as for editing, refining, or generating drafts, does not disqualify a work from copyright protection, as long as human authorship remains a core part of the final work.
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Merely providing text prompts to an AI system may not be enough to establish authorship and qualify for copyright protection, as the copyright office considers prompts to be instructions or ideas rather than expressive contributions.
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For visual media like art and video, AI-generated images or videos alone do not qualify for copyright, but if they are used in conjunction with human-authored or human-edited content, they can be eligible for copyright protection.
What Qualifies as Copyrightable AI-Generated Content?
What Qualifies as Copyrightable AI-Generated Content?
The key points from the copyright office's clarification are:
- Some forms of AI-generated content can receive copyright protection, provided that a human has substantially contributed or changed the content.
- Human creativity remains central to copyright law, even as AI tools become more widely used in artistic and commercial creation.
- Enterprises can have their brands and intellectual property protected when integrated into AI-generated media.
- Copyright can apply in three scenarios:
- When human-authored content is incorporated into the AI output.
- When a human significantly modifies or arranges the AI-generated material.
- When the human contribution is sufficiently expressive and creative.
- Using AI as a creative assistant, such as for editing, refining, or generating drafts, does not disqualify a work from copyright protection.
- Merely providing text prompts to an AI system is generally not enough to establish authorship and qualify for copyright protection.
- For visual media like art and video, AI-generated images or videos alone do not qualify for copyright, but can if used in conjunction with human-authored or edited content.
- The key is ensuring there is sufficient human authorship and creativity in the final work, regardless of the use of AI tools in the process.
Prompts and Copyright: A Difference of Opinion
Prompts and Copyright: A Difference of Opinion
While the US Copyright Office has provided clarification on the copyrightability of AI-generated content, there is a point where the author disagrees with their stance. The report states that "merely providing text prompts to an AI system is not enough to establish authorship" and that prompts are generally considered "instructions or ideas rather than expressive contributions."
However, the author argues that if pressing a button to take a photograph is sufficient human creativity to establish copyright, then crafting a detailed prompt should also qualify as a significant creative contribution. The author acknowledges that prompts can be shared, similar to ghostwriting, but maintains that a well-crafted prompt involving characters, examples, and other creative elements should be considered an expressive contribution worthy of copyright protection.
The author suggests that this perspective, where prompts are viewed as a more substantial creative input than simply pressing a camera button, has been overlooked. They encourage readers who agree with this view to voice their opinion to the Copyright Office, as the author believes this is an important perspective that deserves consideration.
Copyright for Visual Mediums: Images and Videos
Copyright for Visual Mediums: Images and Videos
The copyright office has provided clarification on the copyrightability of AI-generated visual content, such as images and videos.
For images generated using text-to-image AI services like Midjourney or DALL-E, the copyright office has stated that the image alone, without any human modification or authorship, would not qualify for copyright protection. However, if the image is used in conjunction with a human-authored or human-edited article, it could potentially qualify for copyright as part of the overall work.
Similarly, for AI-generated video clips, simply generating a video based on a description would not be enough to qualify for copyright. However, if a human edits together multiple AI-generated video clips into a new work, that edited compilation could be eligible for copyright protection.
The report also clarifies that the use of AI in the creative process does not disqualify a work from copyright protection. If an AI tool is used to assist an artist, writer, or musician in refining their work, the human-created elements remain eligible for copyright. This aligns with historical precedents where copyright law has adapted to new technologies like photography, film, and digital media.
The key takeaway is that as long as there is sufficient human authorship and creativity involved in the final work, whether it's through modification, arrangement, or other expressive contributions, the work can still qualify for copyright protection, even if AI was used as a creative assistant in the process.
The Bottom Line: Human Authorship is Key
The Bottom Line: Human Authorship is Key
The key takeaways from the US Copyright Office's clarification on AI and copyright are:
- Some forms of AI-generated content can receive copyright protection, provided that a human has substantially contributed or changed the content.
- Human creativity remains central to copyright law, even as AI tools become more widely used in artistic and commercial creation.
- Using AI as a creative assistant, such as for editing, refining, or generating drafts, does not disqualify a work from copyright protection, as long as human authorship remains a core part of the final work.
- Merely providing text prompts to an AI system is generally not enough to establish authorship and qualify for copyright protection. The prompts are considered instructions or ideas rather than expressive contributions.
- For visual media like art and video, AI-generated images or video clips on their own do not qualify for copyright. However, if the AI-generated content is used in conjunction with human-authored or human-edited work, it can be eligible for copyright.
- The key is to ensure that you, as the human creator, are putting in sufficient creative work and authorship into the final product, regardless of how AI was used in the process. This will allow you to claim copyright over the work.
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