Are AI-generated artworks copyrightable?

No, AI-generated artworks are not copyrightable under current U.S. law. The U.S. Copyright Office explicitly states that works must be created by human beings to qualify for copyright protection17.

When an AI system generates artwork:

  • The raw AI output automatically enters the public domain6
  • Anyone can freely use and reproduce the AI-generated images2
  • Neither the AI system nor the AI company owns rights to the generated images4

However, there are some important nuances:

  • Works created with AI assistance may be eligible for copyright if they include substantial human creative expression1
  • Only the human-created portions or modifications to AI art can potentially be copyrighted, similar to drawing a mustache on the Mona Lisa2
  • A pending lawsuit against Stability AI, Midjourney, and DeviantArt regarding copyright infringement of training data may impact future regulations1

The legal landscape continues to evolve, with new court decisions and potential legislation being developed to address AI-generated creative works1. As of February 2025, though, the fundamental requirement remains that copyrightable works must demonstrate human authorship.

Citations:

  1. https://www.scoredetect.com/blog/posts/can-you-copyright-ai-art-legal-insights
  2. https://www.reddit.com/r/COPYRIGHT/comments/1ad0o7o/do_i_own_copyrights_to_the_final_piece_of_art/
  3. https://builtin.com/artificial-intelligence/ai-copyright
  4. https://itsartlaw.org/2022/11/21/artistic-or-artificial-ai/
  5. https://www.theartnewspaper.com/2023/05/04/us-copyright-office-artificial-intelligence-art-regulation
  6. https://houstonlawreview.org/article/92132-what-is-an-author-copyright-authorship-of-ai-art-through-a-philosophical-lens
  7. https://www.reuters.com/legal/ai-generated-art-cannot-receive-copyrights-us-court-says-2023-08-21/
  8. https://www.copyright.gov/ai/
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