CATEGORIES
A Landmark Ruling: U.S. Copyright Office Grants Protection to AI-Assisted Artwork
3.5.25
By: Seth R. Ogden, Ph.D. | Patterson Shareholder
In a groundbreaking development, the U.S. Copyright Office has granted copyright protection to an artwork generated by artificial intelligence (AI) under human guidance. This marks the first instance where an AI-assisted creation has received such recognition. The artwork, titled “A Single Piece of American Cheese,” was produced by Kent Keirsey, CEO of Invoke, a generative AI platform designed for professional studios. Keirsey utilized Invoke’s inpainting features to iteratively refine an AI-generated image, making approximately 35 edits to achieve the final composition. He meticulously documented each decision and creative input throughout the process.
Initially, the Copyright Office rejected Invoke’s application. However, after reviewing a detailed workflow video demonstrating Keirsey’s creative process, which can be seen on YouTube, the Office reversed its decision. In a letter to Invoke, the Copyright Office stated that the image contained “a sufficient amount of human original authorship in the selection, arrangement, and coordination of the AI-generated material” to warrant copyright protection.
This landmark decision sets a precedent for future AI-assisted artworks, highlighting the importance of human creativity and guidance in the creation process to qualify for copyright protection.
