By Atreya Mathur
In January 2025, the U.S. Copyright Office released Part 2 of its report, Copyright and Artificial Intelligence: Copyrightability (“the 2025 Report”) providing a detailed legal and policy analysis of how copyright law applies to AI-generated content.[1] Part 2 builds on foundational principles of copyright law, reaffirming that human authorship remains the cornerstone of copyright protection in the United States.[2] It provides critical guidance on the conditions under which AI-assisted works may qualify for copyright, clarifying the legal boundaries between human creativity and automated generation.[3]
In August 2023, in response to the U.S. Copyright Office’s Notice of Inquiry on AI and copyright law, Center for Art Law submitted a public comment where it addressed key concerns such as the use of copyrighted works in AI training, transparency and disclosure requirements, and the legal status of AI-generated outputs. Together with over 10,000 other submissions, the Center stressed best practices for policymakers, lawyers, technology and AI companies, and artists when generating and using AI art.
Practical Challenges in Applying The 2025 Report’s Framework
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