Copyright and Artificial Intelligence, Part 2: Copyrightability (U.S. Copyright Office report)

Summary

Part 2 of the Copyright Office's report on copyright and AI, published on January 29, 2025, addresses whether outputs made with generative AI can be protected. The Office concludes that copyright protects original human expression in a work even when it also contains AI-generated material, but does not extend to purely AI-generated material or material where there is insufficient human control over the expressive elements. With current generally available technology, prompts alone do not give enough human control to make the user the author of the output, and whether human contributions suffice must be decided case by case. The report states the Office's position; it is not a regulation.

Key dates

1. January 29, 2025 (publication)Takes effect
2. January 29, 2025Issued
3. October 16, 2026Checked against sources
4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 16, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. Part 2 was published on January 29, 2025, and addresses the copyrightability of outputs created using generative AI.

   Supports: Publication date and subject

   Copyright and Artificial Intelligence U.S. Copyright Office Primary source

2. The Office concludes that, given current generally available technology, prompts alone do not provide sufficient human control to make users of an AI system the authors of the output.

   Supports: Prompts alone insufficient

   Copyright does not extend to purely AI-generated material, or material where there is insufficient human control over the expressive elements.

   Supports: Purely AI-generated material not protected

   Whether human contributions to AI-generated outputs are sufficient to constitute authorship must be analyzed on a case-by-case basis.

   Supports: Case-by-case analysis

   Copyright and Artificial Intelligence, Part 2: Copyrightability U.S. Copyright Office Primary source