AI-Generated Content Copyright Regulations: Current Understandings
In the rapidly evolving world of artificial intelligence (AI), the creative industries are grappling with a host of legal challenges. The preservation of these sectors in the U.S. is increasingly dependent on the courts, as creators and companies engage in a legal battle over the rights to AI-generated content.
AI-Generated Works and Copyright Protection
A fundamental principle in U.S. copyright law is the requirement of human authorship for protection. Purely AI-generated works, devoid of significant human creative input, lack copyright protection. This principle was recently reaffirmed by the U.S. Copyright Office, following the D.C. Circuit's ruling in Thaler v. Perlmutter (2025).
Human-AI Collaboration and Copyrightable Works
However, when humans collaborate with AI, the resulting works can be copyrighted, provided that the human author exercises sufficient creative control over the expressive elements of the work. Merely providing prompts or minimal intervention does not qualify as authorship. Significant human contribution, such as creative modification or arrangement of AI outputs, is necessary to claim copyright.
Use of Copyrighted Works in AI Training
The use of copyrighted works to train AI models falls into a legal gray area. The process often involves reproduction, which implicates copyright owners' exclusive rights. Whether this use is lawful depends on the fair use doctrine, which is assessed on a case-by-case basis, considering factors like transformation, nature of the work, amount used, and market impact. The U.S. Copyright Office's 2025 report highlights this issue and notes ongoing legal debates and lawsuits related to unauthorized use of copyrighted works in AI training.
AI-Generated Content and Copyright Infringement
AI-generated content that closely resembles existing copyrighted works may face DMCA takedowns or infringement claims. Platforms hosting such content or AI developers may be targeted legally, especially where the AI output is substantially similar to copyrighted material. However, ownership of AI-generated content remains legally unsettled, complicating enforcement and liability questions.
The "Snoopy Problem" and Derivative Works
AI might "memorize" copyrighted characters or styles and regenerate them, risking infringement even without direct copying. This abstract protection expands potential liability for AI tools and users.
The Future of AI and Copyright Law
The U.S. Copyright Office's stance is clear: AI developers who use copyrighted works to train models that generate expressive content that competes with original works are going beyond the scope of the fair use doctrine. As the legal landscape evolves, it is crucial for AI companies to ensure they are not infringing on creators' copyrighted work, as this could lead to a surge of lawsuits and hefty penalties in the coming years.
The European Union's Approach
In contrast, the European Union has crafted a sweeping AI Act to address many of the concerns surrounding generative AI. As the legal saga of AI-generated content unfolds, it is evident that human authorship remains essential for copyright protection of AI-related creative works, and the use of copyrighted materials in AI training creates significant and evolving legal challenges. The boundaries of fair use, ownership, and infringement are being shaped by ongoing litigation for both AI developers and users.
[1] U.S. Copyright Office (2025). Report on Artificial Intelligence and the Law. https://www.copyright.gov/ai/ [2] Glaze: A Tool to Protect Artists from AI Training without Permission or Compensation. https://glaze.io/ [3] Thaler v. Perlmutter (2025). D.C. Circuit Court of Appeals. https://www.cadc.uscourts.gov/internet/opinions.nsf/3722143E2069385385257E6300644429/$file/18-5197-1883910.pdf [4] U.S. Copyright Office (2023). Compendium II: Copyright Office Practices for the Registration of Works Made for Use in Motion Pictures, Television, Radio, and Other Audiovisual Media. https://www.copyright.gov/comp3/ [5] European Union (2021). Proposal for a Regulation of the European Parliament and of the Council on Artificial Intelligence (Artificial Intelligence Act). https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12527-Proposal-for-a-Regulation-on-Artificial-Intelligence-Artificial-Intelligence-Act_en
- To maintain copyright protection for their works, creators must ensure they exert sufficient creative control over human-AI collaborations, as mere prompts or minimal intervention do not qualify as authorship.
- The use of AI-generated works that closely resemble existing copyrighted content may lead to DMCA takedowns or infringement claims, potentially subjecting platforms hosting such content or AI developers to legal action.
