
US Copyright Office changes stance on AI-assisted artwork
By Kennedy Felton (Lifestyle Correspondent), Zachary Hill (Video Editor)
The U.S. Copyright Office is updating its stance on AI-generated art. Under a new policy, artists can copyright AI-assisted work—but only if a human is the dominant creative force.
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AI-assisted works can get copyright with enough human creativity, says US copyright office
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In March 2023, the Copyright Office reinforced that copyright protection applies only to human-created works. At the time, AI-generated content was not eligible for protection.
Kris Kashtanova wrote one of the most notable cases, “Zarya of the Dawn.” Kashtanova applied for and initially received copyright protection in September 2022.

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However, in February 2023, the Copyright Office revoked protection for the comic’s illustrations after discovering Midjourney, an AI software, created them.
A letter from the office stated:
“The application did not disclose that she used artificial intelligence to create any part of the Work, nor did she disclaim any portion of the Work.”
Kashtanova kept the copyright for the text, but the office excluded the AI-generated images.
Another AI-generated piece made headlines in 2022. “Théâtre d’Opéra Spatial,” created by artist Jason Allen using Midjourney, won first place in the digital art category at the Colorado State Fair.
The victory sparked debate over whether AI-assisted works should compete against human-created pieces. Allen later applied three times for copyright protection, arguing that his creative input justified legal protection.
The Copyright Office denied each request, stating that the work lacked sufficient human authorship. In September 2024, Allen filed a lawsuit seeking to overturn the ruling.
New policy allows AI-assisted copyright—under conditions
The Copyright Office has now adjusted its position. Under its latest policy, AI-assisted works can qualify for copyright if a human makes a significant creative contribution.
A statement from the office reads:
“AI-generated material can only be protected where there is sufficient human involvement or where AI is used as a tool to enhance human expression.”
Applications will be hand-reviewed, ensuring that human creativity plays a central role in the final product. If an artist substantially alters or controls AI-generated content, it may qualify for copyright protection.
AI-assisted art is no longer automatically excluded from copyright. However, artists must prove that their human creativity is the driving force behind the work.
This policy shift could shape the future of art, law, and artificial intelligence—one ruling at a time.
[KENNEDY FELTON]
AI-generated art has been a hot topic in creative industries, sparking debates about ownership and the future of creativity. Now—a new ruling is changing the game. Artists can copyright AI-assisted work, but only if a human is the driving force behind it. But that wasn’t always the case.
A newly published policy by the U.S. Copyright Office addresses how AI fits into copyright law.
In March of 2023, the U.S. Copyright Office clarified that copyright protection is limited to human-created works and does not extend to purely AI-generated content. Meaning—art created solely by AI was not eligible for copyright protection.
A recent high-profile case was “Zarya of the Dawn,” a comic book written by Kris Kashtanova, who applied for its copyright protection in September 2022. After being initially granted the copyright, the office issued a letter in February 2023 revoking it, after discovering it had been illustrated entirely with an AI software called MidJourney based on her social media posts.
Part of the letter reads: “The application did not disclose that she used artificial intelligence to create any part of the Work, nor did she disclaim any portion of the Work.”
And this wasn’t the only controversy around AI in art. In 2022, another AI-generated piece “Théâtre D’opéra Spatial” made headlines when it won first place in the digital category at the Colorado State Fair. The artist—Jason Allen—created the piece also using MidJourney and the win sparked debate over whether AI-generated art should compete against human-made works. Allen applied three times for copyright protection, but the Copyright Office denied each application, citing a lack of human authorship. In September 2024, he filed a lawsuit seeking to overturn the Copyright Office’s decision, arguing his human input was enough.
But now—the Copyright Office is adjusting its approach, saying AI-generated material can be protected where there is sufficient human involvement or where AI is used as a tool to enhance human expression.
The key question is—how do they decide? Applications are hand-reviewed and if a human substantially alters the AI-generated content, it may qualify for copyright protection. The bottom line is a human must add original, creative expression for it to be protected.
Media Landscape
See who else is reporting on this story and which side of the political spectrum they lean. To read other sources, click on the plus signs below. Learn more about this dataBias Distribution
Left
AI-assisted works can get copyright with enough human creativity, says US copyright office
Click to see story on Associated Press NewsAI-assisted works can get copyright with enough human creativity, says US copyright office
Click to see story on abc NewsCopyright Office Offers Assurances on AI Filmmaking Tools
Click to see story on VarietyAI-assisted works can get copyright with enough human creativity, says US copyright office
Click to see story on Rocky Mountain OutlookAI-assisted works can get copyright with enough human creativity, says US copyright office
Click to see story on The Mercury newsReport: Human input key to copyright of AI works
Click to see story on News & RecordPurely AI-generated art can’t get copyright protection, says Copyright Office
Click to see story on The VergeUS Copyright Office: generative AI art requires ‘human authorship’ for protection
Click to see story on PolygonThe US Copyright Office says AI-generated material can be copyrighted — if humans edit it
Click to see story on sherwood.newsArtists can copyright works made with AI assistance: Agency
Click to see story on The HillAI-assisted works can get copyright with enough human creativity, says US copyright office
Click to see story on Winnipeg Free PressAI-Edited Images and Movies Could Still Be Copyrighted, US Agency Advises
Click to see story on cnetAI-generated art requires human contributions for U.S. copyright protection, feds say
Click to see story on UPIAI-assisted works can get copyright with enough human creativity, says US copyright office
Click to see story on KOB 4The U.S. finally puts its foot down on AI image copyright
Click to see story on Digital TrendsCopyright Report Says AI-Generated Songs Aren’t Protected, But That AI Tools Can Still Be Fair Game
Click to see story on BillboardAI creations edited by humans can likely be copyrighted in US, agency says
Click to see story on TechCrunchCopyright Office suggests AI copyright debate was settled in 1965
Click to see story on Ars TechnicaAI-assisted works can get copyright with enough human creativity, says US copyright office
Click to see story on NewsdayAI-assisted works can get copyright with enough human creativity, says US copyright office
Click to see story on marketbeat.comAI-assisted works can get copyright with enough human creativity, says US copyright office
Click to see story on TechXploreUS Copyright Office rules out copyright for AI-created content without human input
Click to see story on Tech SpotAI-Assisted Works Can Get Copyright With Enough Human Creativity, Says US Copyright Office
Click to see story on Arkansas BusinessAI-assisted works can get copyright with enough human creativity, says US copyright office
Click to see story on Financial PostUS agency rules artists can copyright pieces that are made with AI assistance
Click to see story on Just the NewsAI-Assisted Works Can Get Copyright With Enough Human Creativity, Says US Copyright Office
Click to see story on Yeshiva World NewsRight
Untracked Bias
Artificial Intelligence: What are the conditions for a work to have copyright?
Click to see story on in.grU.S. Copyright Office says AI generated content can be copyrighted — if a human contributes to or edits it
Click to see story on VentureBeatIn the United States, artists can obtain copyrights to works created by AI. What are the conditions
Click to see story on babel.uaAI-Assisted Works Can Get Copyright With Enough Human Creativity, Says US Copyright Office
Click to see story on slashdot.orgAI Art Lacking ‘Human Expression’ Cannot Be Copyrighted, US Officials Say
Click to see story on ARTnewsGenerative AI art made without human “creativity” cannot be protected by copyright laws
Click to see story on GamesIndustry.bizUS Copyright Office Will Register Some AI-Generated Artworks
Click to see story on PetaPixelAI Tools Can Enhance Creativity, But Human Input Still Crucial for Copyright Protection
Click to see story on digitalinformationworld.comCan AI-generated content be copyrighted? Here’s what a new report from the US Copyright Office says…
Click to see story on Music Business WorldwideAI Content and Copyright: Notes from US copyright office
Click to see story on nextbigwhatAI Art Is Not Protected by Copyright Law, Says US Copyright Office
Click to see story on Tech.coAI-assisted works can get copyright with enough human creativity, says US copyright office – Rhode Island Lawyers Weekly
Click to see story on Rhode Island Lawyers Weekly –Can AI-generated content be copyrighted? Here’s what a new report from the US Copyright Office says… – English Times
Click to see story on English TimesCopyright Office Affirms That Existing Law Protects AI-Generated Outputs – Chamber of Progress
Click to see story on Chamber of ProgressAI-assisted works can get copyright with enough human creativity, says US copyright office
Click to see story on thealbertan.comAI-Assisted Works Can Get Copyright With Enough Human Creativity, Says US Copyright Office
Click to see story on technewstube.comThe US Copyright Office says using AI tools to assist in creative processes doesn’t compromise copyright protections as long as the content has human authorship
Click to see story on mediagazer.comCan you copyright generative AI? The answer surprisingly originates with the camera, in a key US Copyright Office report
Click to see story on digitalcameraworldU.S. Copyright Office says AI generated content can be copyrighted — if a human contributes to or edits it – RamaOnHealthcare
Click to see story on ramaonhealthcare.comAI creations edited by humans can likely be copyrighted in US, agency says – WeirdReads
Click to see story on weirdreads.comHow Copyright Laws Apply to AI Assisted Creations – U.S. Copyright Office
Click to see story on geeky-gadgets.comAI-assisted works can get copyright with enough human creativity, says U.S. copyright office – The Philadelphia Inquirer – OPUS IP
Click to see story on OPUS IPU.S. Copyright Office Releases Part 2 of Artificial Intelligence Report
Click to see story on LJ infoDOCKETUS Copyright Office publishes report on AI and copyrightability
Click to see story on musically.comSimply prompting an AI model doesn’t make you the author of a copyrighted work, according to the US Copyright Office
Click to see story on completemusicupdate.comStraight to your inbox.
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