Introduction

Artificial intelligence is reshaping creative industries—music, images, video, code, and writing. But copyright law is moving more slowly. This article explains where the law stands today, what courts are saying about AI-generated works, and how creators and businesses can reduce risk while using AI tools.

Key Takeaways

• Purely AI-generated works are unlikely to qualify for copyright protection under current interpretations of U.S. law.
• Human creativity and control remain essential; document your human contributions.
• Contracts and licenses matter—review platform terms and training data disclosures.

What Counts as Authorship? U.S. copyright protects “original works of authorship.” Courts have consistently required a human author. While tools can assist, the more a system determines expressive elements, the weaker the claim to copyright.

Best Practices for Creators

1. Use AI as an assistant, not an author.
2. Keep records of prompts, edits, and selection decisions.
3. Review and revise outputs—make creative choices you can explain.
4. Clear third-party materials used as inputs; do not upload unlicensed works.

Fair Use and Training Data Fair use remains a case-specific defense. Some uses of copyrighted works for training may be considered transformative, but outcomes depend on facts, including market effects and the nature of the use.

Risk Management Checklist

• Audit tools and vendors for data sources and licenses.
• Add warranties and indemnities in vendor contracts.
• Establish internal guidelines for AI-assisted workflows.
• Avoid using AI to replicate a specific artist’s style without permission.

Disclaimer This article is for informational purposes only and does not constitute legal advice. Consult counsel about your specific situation.