Advances in artificial intelligence are transforming the way creative works are produced and raising a core question in copyright law: Who is the author when a machine plays a role in the creation? In response to this evolving landscape, the U.S. Copyright Office has issued some guidance to clarify how existing rules apply to the use of AI as part of the creative process and what must be disclosed when registering such works.

Human Authorship Remains an Essential Element

It is well established that copyright protection is available only for works that reflect human creativity. The Copyright Office has reaffirmed this principle by concluding that works generated entirely by AI—without meaningful human creative input—are not eligible for copyright protection. However, when a person uses AI as a tool in the creative process, their contributions may still qualify for protection, provided they involve original expression or creative judgment.

Acceptable Use of AI

The Copyright Office distinguishes between AI as a mere tool and AI as a creator. A work remains copyrightable only when the human author has sufficiently contributed to the expressive elements of the final work. Consequently, works produced solely through simple prompts fed into AI tools are typically not copyrightable, as the user is merely issuing instructions, and the AI generates the final expression. In contrast, when a human meaningfully shapes or refines the output through selection, coordination, or arrangement of the material, the human contribution can be protected. Similarly, if AI tools are used to modify or enhance human-authored materials, the resulting work may be eligible for copyright protection if the original human expression remains identifiable and distinguishable in the final output. Ultimately, copyright protection hinges on whether the person exercised sufficient creative control over the creative process.

What Applicants Must Disclose

When applying to register a work that was created with any AI assistance, the Copyright Office requires applicants to be transparent about how AI was used. In particular:

• Claim only what you created. In the “Author Created” field, describe the human-authored portions (e.g., written text, editing, or arrangement).
• Exclude AI-generated material. In “Material Excluded” field, identify any parts the AI produced without meaningful human modification.
• Briefly explain AI use. In the “Note to Copyright Office” field, state how AI assisted (for example, “AI tool used to generate draft images; human selected and edited final content”).
• Correct prior filings if needed. If an earlier registration didn’t disclose AI use, submit a supplementary registration to clarify.

What It Means for Creators

The Copyright Office’s position encourages responsible and transparent use of AI in creative work. Artists, writers, and businesses can confidently use AI tools as long as they exercise genuine creative control and clearly identify their own contributions. In practice, this means keeping records of your creative steps—such as drafts, edits, or notes showing how you directed or refined AI outputs.

By treating AI as an assistant rather than an author, creators can both leverage new technologies and ensure their work remains eligible for the legal protections that copyright law provides.