Brain Food
Copyright and Creative AI
The explosive development of artificial intelligence promises creative and commercial benefits on a scale rarely seen before. Yet, as AI continues to evolve, it places new strains on long-standing copyright principles that were designed to protect human originality. Under current U.S. law, copyright protection requires human authorship, which makes purely AI-generated works ineligible for copyright. Even carefully crafted prompts—often called "prompt engineering"—may not themselves establish authorship if the AI system truly drives the creative content.
According to the U.S. Copyright Office (USCO), meaningful human input that shapes the final output is crucial to securing copyright.
Country artist Randy Travis, who, after suffering a stroke, used a special-purpose AI tool to preserve his creative intent, was covered under the law for his highly personal use, being both the voice and the original artist).
Practical Steps for Creators
Use AI as a Tool, Not a Replacement: The USCO differentiates between AI that fully replaces a creative role and AI that assists. If you aim to claim copyright, ensure you retain control over key expressive decisions.
Stay Informed and Involved: The law around AI will play catch up to the tech as usual. Start conversations or join discussions with your creative network. Be a leader in this space.
Possible International Protections: Some countries recognize limited rights for computer-generated works, though definitions of "human author" can be blurred. If your creative work is distributed globally and would benefit from international laws, look into what applies to you.
Clarity: Describe what AI-driven uses of your work are allowable in the public domain. Also, document your use of AI in your creative works.
Stay tuned to TheTechMargin for more on this process and how I use it in my own works. Listen to the podcast version of this story on Spotify.
The content provided by TheTechMargin, including articles, videos, and other publications, is for informational purposes only and should not be construed as legal advice. You should consult with a qualified attorney or legal professional regarding any specific legal questions or concerns.
Listen to the podcast version of this story on Spotify.
Continue reading at TheTechMargin online for more on this process and how I use it in my own works.