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Thanks for reading — and sticking with me as I build this out!
— The AI Drop Digest Team
When an AI writes a story, paints a picture, or composes a song—who owns it?
That question, once hypothetical, is now firmly planted at the center of copyright law debates. With AI tools like GPT-4, Midjourney, and Suno generating everything from poetry to pop music, the legal framework around authorship is being stretched—and tested.
In its latest report, the U.S. Copyright Office weighed in with a clear, if somewhat sobering, stance: creativity without a human hand won’t cut it.
The Legal Line: Human Required
The Copyright and Artificial Intelligence, Part 2: Copyrightability Report released by the U.S. Copyright Office lays down a firm principle: “only works created by human authors are eligible for copyright protection.” You can read the full report here.
This isn't a new idea. U.S. copyright law has long emphasized originality and human creativity. But now, with AI systems capable of producing astonishingly realistic and complex works, the Office had to draw a sharper line between “AI-assisted” and “AI-generated.”
Here’s how it breaks down:
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AI-Assisted: If a human uses AI as a tool—like a digital paintbrush or a writing aid—and makes creative choices, the result may be copyrightable. The key is “substantial human authorship.”
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AI-Generated: If the output is entirely produced by AI with little to no human input, it doesn’t qualify. It fails the originality test.
So, if you press a button and the machine spits out a symphony or screenplay, that piece belongs to the public domain—not to you.
Why This Matters Now
According to Reuters, this long-anticipated report comes as courts, creators, and tech companies wrestle with AI’s increasing footprint in the creative economy. Cases are cropping up where artists challenge the use of their work in AI training datasets, or where authors try to copyright AI-written novels.
The Copyright Office isn’t closing the door on AI—but it is building walls around what’s protected.
The Trouble with “Human Authorship”
The heart of the issue is this phrase: “human authorship.” It sounds simple—until you try to define it.
As Perkins Coie points out, the standard creates thorny problems. How much human input is enough? Is it the prompt? The edits after generation? The curation of outputs?
Take the example of a comic book where the text is written by a human but the images are generated by AI. The Copyright Office recently ruled that the text and layout could be protected, but not the images—because they lacked human authorship.
This fragmented approach could lead to legal headaches. As AI becomes more sophisticated, the boundary between author and algorithm gets fuzzier.
An Urgent Call for Clarity
Skadden’s analysis emphasizes the stakes: this isn’t just about theoretical rights—it’s about ownership, monetization, and liability in billion-dollar industries. From marketing to music, entire sectors are rapidly adopting AI for content creation. Without clear legal standards, creators and companies alike are left navigating a murky landscape.
Meanwhile, Jones Day warns that this legal uncertainty could discourage innovation—or worse, invite bad actors to exploit grey zones in ownership and attribution.
What Comes Next?
We’re in the early chapters of this story. As AI capabilities continue to evolve, the law will need to follow—or perhaps, catch up.
Here are three takeaways as we move forward:
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Creativity is still a human superpower. The law currently protects the person behind the machine—not the machine itself.
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Transparency matters. Creators using AI will need to document and demonstrate their role in the final output if they want legal protection.
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New frameworks may be inevitable. Existing copyright law wasn’t built for machines that compose sonatas or illustrate graphic novels. We may need new categories—or even new rights—to deal with AI-native creativity.
For now, if you're creating with AI, think of it like a collaboration. You're the director. The bot is your tool. But unless you’re actively steering the process, don’t expect to own what the machine dreams up.
— The AI Drop Digest Team