US Copyright Office changes stance on AI-assisted artwork

Jan 30

Kennedy Felton Lifestyle Correspondent

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.

Bias Distribution Powered by Ground News™

Past rulings have blocked AI-generated art

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.

Download the SAN app today to stay up-to-date with Unbiased. Straight Facts™.

Point phone camera here

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.

Tags: AI, Art, Artificial Intelligence, Copyright infringement, Copyright law, Generative AI, Music

[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.