In January 2025, the Copyright Office released the second part of its series on AI and copyright, focusing on the need for human authorship in copyrighting AI-generated works. The report clarifies that works consisting solely of AI output without significant human influence cannot be copyrighted. While prompts do not count as control, original human expression in works mixed with AI-generated content is protectable. This includes creative selections, modifications, or arrangements of AI outputs, though the courts will ultimately determine copyrightability.
In the eyes of the Copyright Office, simply entering prompts into AI is insufficient for copyright protection; works must demonstrate substantial human authorship.
Human expression remains copyrightable even if the final product includes AI-generated content, provided the human contribution is perceptible and original.
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