AI and Copyright: What Every Creator Needs to Know About the U.S. Copyright Office’s Latest Decision

Jan 31 / Severin Sorensen
The rise of AI-generated content has sparked one of the most pressing legal debates of our time: Who owns AI-created work?

The U.S. Copyright Office has now provided a clear answer—only humans can be authors.This decision carries major implications for businesses, creators, and innovators using AI in their work. Whether you’re a writer, artist, entrepreneur, or corporate leader leveraging AI tools, understanding this ruling is critical.

This article was created by Severin Sorensen, drawing insights from the U.S. Copyright Office Report on AI and Copyright, analysis by Google Notebook LM (including summary, Q&A, and podcast summary), and ChatGPT-4o analysis of the material. The article explores the issues from a creator's perspective. The author is not providing legal advice; creators are encouraged to consult with their IP attorney for additional questions.
This article was originally published on LinkedIn by Severin Sorensen and has been approved for placement on The AI Whisperer. Scroll to continue reading or click here to read the original article.

What Did the U.S. Copyright Office Decide?

The U.S. Copyright Office has reaffirmed that AI-generated material cannot be copyrighted because copyright law protects only human creativity. The term "author," as defined in both the U.S. Constitution and the Copyright Act, refers exclusively to human beings.

However, works that contain both AI-generated and human-created content may be eligible for copyright—but only the human contributions will be protected.

Key Takeaways from the Ruling

  • AI-Generated Works Are Not Copyrightable: If an AI creates content autonomously—whether it’s text, images, or music—it cannot be copyrighted. The logic is simple: copyright law protects human expression, and AI lacks the ability to be legally recognized as an "author."
  • Hybrid Works (Human + AI) Can Be Copyrighted: If a human meaningfully contributes to AI-generated content—by arranging, modifying, or creatively integrating it—those human-authored portions may be eligible for copyright protection.
  • A Simple Prompt Is Not Enough: Merely inputting a text prompt into an AI tool like ChatGPT or Midjourney does not make the result copyrightable. The Copyright Office considers this a case of "mechanical reproduction" rather than human authorship.

How to Protect Your Work If You Use AI

The Copyright Office now requires creators to explicitly disclose the use of AI in their copyright applications. Here’s how to ensure your work is properly protected:
  • Identify What You Created: When applying for copyright, specify which parts were created by a human. Do not list the AI as an author.
  • Use the ‘Limitation of the Claim’ Section: In your copyright application, disclose AI-generated portions under the “Material Excluded” field. Clarify your human contribution under “New Material Added.”
  • Update Existing Copyright Applications: If you've already applied for copyright without disclosing AI use, you must file a supplementary registration to correct the record. Failure to disclose AI use could result in cancellation of your copyright registration or legal challenges if discovered in a lawsuit.

What This Means for Businesses & Creators

This decision significantly impacts companies, marketers, designers, authors, musicians, and legal teams using AI tools.
  • For Writers & Content Creators: If you use AI for brainstorming or drafting, ensure you edit and refine the content significantly—mere AI-generated text won’t qualify for copyright.
  • For Designers & Artists: If AI-generated images are part of your work, focus on adding human creativity—modifying, arranging, or integrating them into a unique composition.
  • For Businesses & Brands: Companies using AI-generated content in branding, marketing, or product development should be mindful of copyright limitations—especially if they plan to commercialize AI-created work.

The Future of AI and Copyright Law

The U.S. Copyright Office acknowledges that AI is evolving rapidly and has launched an agency-wide initiative to investigate:
  • The use of copyrighted material in AI training datasets
  • The legal and ethical implications of AI-generated content
  • Public comments on AI’s role in creativity and authorship


As legal frameworks continue to develop, businesses and creators must stay informed and proactive in understanding the intersection of AI and copyright.

Final Thoughts: The Human Touch Matters

The Copyright Office’s decision reinforces an essential truth: AI is a powerful tool, but it is not a creator. Creativity, judgment, and authorship remain uniquely human qualities.

For businesses and creators using AI, the path forward is clear—AI should augment, not replace, human creativity. The best way to protect your work is to ensure that your own originality, intent, and unique perspective remain at the heart of what you create.

For the full Copyright Office guidance, read here: https://www.copyright.gov/ai/.

Copyright © 2025 by Arete Coach LLC. All rights reserved. Republished with permission on The AI Whisperer.