According to the US Copyright Office, generative artificial intelligence outputs created from text prompts, even detailed ones, are not protected by current copyright law. This conclusion comes from a comprehensive report addressing copyright issues related to AI, stating that existing copyright principles apply without the need for legal changes, offering limited protection for many works. The guidelines highlight that AI prompts lack sufficient control to designate AI users as authors of the output, regardless of prompt complexity. The final output is viewed as a reflection of the AI's interpretation rather than the user's authorship. This ruling affects cases like the Midjourney-generated “Théâtre D’opéra Spatial, ” which faced copyright registration challenges. The office illustrated AI unpredictability with an example of a Gemini-produced image that disregarded certain instructions, resembling Jackson Pollock’s artistic process where control is over creative choices rather than outcomes. The emphasis is on the human control level over the creative process. While using AI as a creative aid doesn’t jeopardize copyright, there’s a distinction between AI as a tool versus a replacement for human creativity.

Authors can integrate AI-generated elements into their works if sufficient creative modification occurs, maintaining copyright protection for the overall product. For instance, comics with human selections of AI images or films with AI-generated effects may still be copyrightable. The report also discusses the copyrightability of text prompts, likening them to uncopyrightable instructions, though some creative prompts could feature expressive elements. However, this doesn’t imply protection for the resultant works. The Copyright Office notes the evolving nature of technology could change the landscape, suggesting future AI systems might allow greater control over expressive output. This document is part of a broader initiative to clarify AI-related copyright policies, with a forthcoming report on the legal implications of training AI on copyrighted works.