Copyright & AI: U.S. Copyright Office Guidance

Background

In 2023, the U.S. Copyright Office launched an initiative to examine how artificial intelligence interacts with copyright law. This included public listening sessions, a formal Notice of Inquiry (August 2023), and the collection of more than 10,000 public comments. You can follow the initiative here: copyright.gov/ai.

Part 1: Digital Replicas

Released July 31, 2024
This report addressed AI-generated “deepfakes” and digital replicas of people’s voices and likenesses. The Office concluded that current copyright and intellectual property laws do not adequately address the unauthorized creation or use of these replicas and recommended new federal legislation.

Part 2: Copyrightability of AI Outputs

Released January 29, 2025
The Office reaffirmed that human creativity is essential for copyright protection.

Works created entirely by AI—even with detailed prompting—are not eligible for copyright.

If a human adds perceptible creative elements (such as selecting, arranging, or significantly modifying AI-generated material), the work may qualify for protection on a case-by-case basis.

Part 3: Generative AI Training

Pre-publication released May 9, 2025
This draft report examines the use of copyrighted works in training AI systems. Topics include licensing, liability, fair use, and economic impacts. The final version is expected soon, with no substantive changes anticipated.

Economic Perspectives

Published February 2025
An economic study commissioned by the Office explored how AI may affect the creative economy and copyright policy. The findings will help guide future recommendations.

What This Means for You

Always credit AI use: If AI helped create your work, disclose it.

Add your own creativity: Edit, adapt, and shape AI output so your personal authorship is clear.

Stay updated: AI and copyright rules are changing. Check copyright.gov/ai regularly.

Be cautious with source material: Don’t feed copyrighted works into AI unless you have permission or a strong fair use case.

Licenses/terms of service (these overide copyright law):

Inputs: only upload to an AI what you have the right to. (Many library-licensed resources are not permitted.)