Last updated 11th February 2025
The rules and laws on how copyright applies to AI generated content is changing quickly. Protect My Work will keep this page as up-to-date as possible when new information and rulings are announced.
Work that has been created with the help of AI tools such as ChatGPT can be protected by copyright but there are some important details that should be understood.
When it comes to AI generated content, it's been ruled in the UK that "what is required is that the author was able to express their creative abilities in the production of the work by making free and creative choices so as to stamp the work created with their personal touch" (https://copyrightliteracy.org/2024/01/12/thj-v-sheridan-a-new-era-for-copyright-in-uk-cultural-institutions/).
In the US, on January 29 2025, the U.S. Copyright Office released new guidance on the use of AI and copyright. Artists can copyright works they made with the help of artificial intelligence, according to a new report by the U.S. Copyright Office. "Where that creativity is expressed through the use of AI systems, it continues to enjoy protection," said a statement from Register of Copyrights Shira Perlmutter, who directs the office. An AI-assisted work could be copyrightable if an artist’s handiwork is perceptible. A human adapting an AI-generated output with "creative arrangements or modifications" could also make it fall under copyright protections (https://apnews.com/article/ai-copyright-office-artificial-intelligence).
In the EU , to date, there has been little or no significant changes to legislation or landmark cases, but we expect a similar position to the US and UK.
Overall, if AI is used to generate content but adapted by the author expressing their own individuality and creativity, then copyright does apply.
Protect My Work advises our members to track changes. If using Word, this can be done easily (https://support.microsoft.com/en-au/office/track-changes-in-word-197ba630-0f5f-4a8e-9a77-3712475e806a).
In addition, keep the chat log used to create your work, mainly a record of the commands used to generate the content showing how you expressed your individuality and creativity.
Lastly, keeping a detailed timesheet of the time spent on your work could also show significant effort as well as maintaining version history is also key.
By recording and tracking these elements, it could prove critical in future should any work be challenged.