In the United States, copyright was granted to an image created using AI tools

On 30 January 2025, the US Copyright Office registered 'A Single Piece of American Cheese'. Images with AI-generated elements had reached the register before — Zarya of the Dawn and Rose Enigma among them — but this is the first time the scope of protection itself rests on the selection, coordination and arrangement of AI-generated material. Protection was granted for the human contribution, not for the machine's output: the applicant, Invoke CEO Kent Keirsey, selected one of three generated options and reworked it around 35 times using inpainting, and the Office's public record limits the claim to exactly that selection, coordination and arrangement. The AI-generated expression itself is expressly excluded from the claim.

The Office's baseline rule has not changed: a work created entirely by artificial intelligence, with no human creative input, is not protected. In its January 2025 report Copyright and Artificial Intelligence, Part 2: Copyrightability, the Office states plainly that prompts alone are not enough — they do not give a person sufficient control over the result to make them its author. As of August 2026 that position stands: in March 2026 the US Supreme Court declined to hear Thaler v. Perlmutter, leaving intact the ruling that human authorship is a requirement of copyright.

The question of how to adapt copyright laws to advances in AI is becoming increasingly important.

Why does it matter?

The decision highlights the growing tension between innovation and regulation in the age of AI.

• Recognizing copyright in works created with the help of AI could spur the development of creative AI tools, but it risks undermining the rights of human authors.
• This could change the arts, design, and media industries, where AI is heavily used to create content.
• There are concerns about originality and accountability, as AI lacks the intentionality and personal expression of human creativity.

Consequences

Rethinking Authorship

The decision requires redefining the concept of an 'original work' and defining who can be considered an author under intellectual property laws.

Impact on the Creative Industries

Artists and creators may face competition from AI content, which could reduce the value of human creativity.

Legal Disputes

Copyright litigation is expected to increase, especially in cases where AI is trained on already protected works.

Ethical Issues

The lack of transparency in the AI creative process raises questions about fairness, which could lead to the creation of deceptive or plagiarized content.

'The decision to grant copyright to an AI-generated image is a landmark moment at the intersection of technology and law. It recognizes the growing role of AI in creative processes, but also highlights the inadequacy of existing legal frameworks to address the unique challenges posed by AI.'

To ensure fairness and protect the rights of human authors, lawmakers must urgently update copyright laws to clarify the rights and responsibilities associated with AI-generated content. This case should serve as a catalyst for broader discussions about how to balance innovation with ethical and legal protections in the age of artificial intelligence.

By contacting us, you will receive:

• Copyright advice on AI-generated content.
• Risk analysis for companies working with generative artificial intelligence.
• Support for registering copyrights for works with the US Copyright Office.
• Consultations on compliance and ethics when using AI in creative activities.