If AI Made It, Can You Really Own It?
Learn how creators and businesses can protect their AI-generated designs, artwork, and content under U.S. copyright law. Understand authorship, registration, and ownership issues with Lin IP, LLC.
Product designers, marketing departments, and software developers are increasingly creating artwork, designs, and code with the help of artificial intelligence (AI). While AI tools can boost creativity and efficiency, they also raise a critical legal question: Is AI-generated content protectable under U.S. copyright law?
Many creators assume the answer is yes—until they try to register a copyright or enforce their rights and discover that the law is not yet on their side. Businesses risk losing the ability to secure or enforce copyright protection for valuable content generated with AI.
A recent federal court decision sheds light on where the law stands—and what creators need to know before putting their trust in AI-generated output.
What Copyright Protects and for How Long
Copyright protects original creative work the moment it is created and fixed in a tangible form. This includes a design, illustration, blog post, song, or source code. Registration is not required for ownership, but it is critical for enforcement.
If an individual creates the work, protection lasts for the creator’s lifetime plus 70 years. For work made for hire, such as projects created for a company or client, protection may last up to 120 years from creation or 95 years from publication, whichever comes first.
Copyright gives creators and businesses the exclusive right to reproduce, distribute, license, and publicly display their work—providing the foundation to enforce rights, pursue infringement claims, and collect royalties.
Court Clarifies: Only Humans Can Be Authors
In March 2025, the U.S. Court of Appeals for the D.C. Circuit addressed this question in Thaler v. Perlmutter:
Can a machine be listed as the author of a copyrighted work?
Dr. Stephen Thaler, an AI developer, attempted to register a digital image created entirely by his AI system, the Creativity Machine, naming the AI as the author. The court rejected the registration, holding that the Copyright Act requires authorship by a human being.
“As a matter of statutory law, the Copyright Act requires all work to be authored in the first instance by a human being.”
— Thaler v. Perlmutter, D.C. Circuit (2025)
This ruling confirms that operating or owning an AI system does not create authorship rights in its fully autonomous output.
Consistent Logic: From Monkeys to Machines
The decision aligns with earlier cases like Naruto v. Slater, where a monkey took a selfie with a photographer’s unattended camera. The court held that non-human entities cannot hold copyright, even if they physically produced the creative work.
The same logic applies to AI systems—no matter how sophisticated, the law requires meaningful human authorship. Simply owning or programming AI does not make one the author of its output.
What If You Use AI as a Tool?
While fully autonomous AI creations cannot be copyrighted, works involving significant human input may still qualify. The U.S. Copyright Office has clarified that AI can be used as a tool, but only a human can be the author.
Exactly how much human involvement is required remains an open question. Courts and regulators are still defining this threshold, and outcomes depend on the specific facts of each case.
If you incorporate AI into your creative workflow, carefully evaluate your role, contribution, and creative control. These factors will shape how your work is treated under U.S. copyright law.
How to Protect Your AI-Inspired Work
To minimize risk and preserve ownership, consider the following steps:
Document your input – Save prompts, drafts, and revision notes that show your creative contribution.
Register your work – Registration enables enforcement and statutory damages in case of infringement.
Clarify roles – Define ownership with collaborators or clients, especially in AI-assisted projects.
Review licensing terms – Some AI-generated content may not qualify for protection, affecting transferability.
Conclusion
Whether you are experimenting with AI for design, content creation, or software development, understanding copyright law is essential. AI is a powerful tool, but it raises new legal challenges that creators and businesses must navigate.
Taking time to document your input, clarify ownership, and register your work can help protect your creative investments. As courts and agencies continue shaping the law, staying proactive is the best defense.
If you are unsure whether your AI-assisted work qualifies for copyright protection or want guidance on securing your rights, contact Lin IP, LLC at office@liniplaw.com or visit www.liniplaw.com
