Artificial intelligence (AI) tools like ChatGPT, Gemini, Claude, and Midjourney have become an everyday part of business and creative workflows. As a result, many creators and businesses who want to protect their work are asking an important question: Can content created with the help of AI qualify for copyright protection?
In many cases, the answer is yes. The key question is how much creative input the author contributed to the final work.
Using AI to Create Business and Marketing Content
Consider a business owner who uses AI to generate ideas for a blog post, create a rough outline, and suggest edits. If the owner then writes, revises, expands, organizes, and makes creative decisions regarding the final content, this is considered AI-assisted content.
If the business owner sought to copyright this AI-assisted creative work, the U.S. Copyright Office — the federal agency responsible for administering copyright registrations — would focus on the author’s creative contribution to the final work, and copyright protection may be available for the human-authored portions.
Just getting started with IP protection? Learn the Basics of Copyright Law.
Two Real-World Copyright Cases Involving AI
Recent Copyright Office decisions help illustrate how these principles are applied in practice.
Example 1: Zarya of the Dawn
The Project:
Zarya of the Dawn is a graphic novel created by author Kris Kashtanova. The work included text written by the author and images generated using the AI platform Midjourney.
The Copyright Office’s Decision:
The Copyright Office concluded that the written text was eligible for copyright protection. It also determined that the author’s selection and arrangement of the text and images could be protected. However, the individual AI-generated images themselves were not entitled to copyright protection.
What It Means:
This example demonstrates that copyright protection may still be available for the human-created portions of a work, even when AI-generated content is included.
Example 2: Thaler v. Perlmutter
The Project:
Stephen Thaler sought copyright registration for an artwork that he claimed was created entirely by an AI system without human involvement.
The Copyright Office’s Decision:
The Copyright Office refused registration, and a federal court upheld that decision. The court concluded that copyright law requires human authorship and that a work created entirely by AI (called AI-generated content) does not qualify for copyright protection.
What It Means:
This case helps establish an important boundary: AI-generated content alone is generally not copyrightable under current U.S. copyright law.
How Does the Copyright Office Evaluate AI-assisted Works?
Rather than simply asking whether AI was used, the Copyright Office focuses on the author’s contribution to the final work. The more an author shapes the content through writing, editing, organization, and other creative decisions, the more likely copyright protection may be available. Content generated entirely by AI generally does not qualify for copyright protection.
Though it’s a common next question, there is no specific percentage of human-created content required for copyright protection. The Copyright Office evaluates the author’s contribution on a case-by-case basis.
Do I Need to Disclose AI-generated Content When Applying for Copyright Registration?
Yes. If a work contains more than a trivial amount of AI-generated material, applicants should disclose that information and describe the author’s contribution when seeking copyright registration.
That information is used to determine which portions of the work, if any, are eligible for copyright protection.
Protecting AI-Assisted Creative Works
As AI tools continue to evolve, copyright law remains focused on a familiar principle: protecting creativity.
Using AI does not automatically make a work ineligible for copyright protection. However, the availability and scope of protection will depend on the extent of the author’s role in creating the final work.
If you have questions about copyright registration, ownership, or protecting AI-assisted creative works, contact Larson & Larson. We can evaluate your specific situation and determine the best path forward.
Published by Larson & Larson, a Florida-based intellectual property law firm protecting innovation since 1987.
