Does copyright apply to work created using AI (artificial intelligence)?

Last updated 11th February 2025

Copyright can apply to AI-assisted work, but only where a human has contributed creative input.

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 does AI-generated content qualify for copyright?
AI-generated content may be protected if a human author has made creative choices that shape the final work, such as editing, refining, arranging, or combining outputs.

In the United Kingdom:
It has been established that copyright requires human creativity. As stated in legal commentary, the author must express their creative abilities by making free and creative choices that give the work a personal touch:

"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"

Source: UK legal commentary on AI and copyright

In the United States:
The U.S. Copyright Office has confirmed that works created with AI can be protected where human creativity is involved. If a human author contributes creative input, such as editing or arranging AI-generated content, copyright protection may apply:

"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

Source: U.S. Copyright Office guidance

Best practice when creating AI-assisted work:

• Keep records of prompts and instructions used
• Track edits and revisions made to AI-generated content (How to track version history in Word)
• Maintain version history of your work
• Record the time spent developing the final output

By documenting your creative process, you can better demonstrate authorship and originality if your work is ever challenged.