Since the emergence of ChatGPT in November 2023, creative minds and AI users have been preoccupied with the question of copyright. In addition to the question of training data, the copyright of text instructions, also known as prompts, as well as the AI-generated output or result is also at issue.

The US Copyright Office has now clarified the copyright protection of text instructions (prompts) to AIs and the output of AIs in an almost forty-page document. The Copyright Office recognizes that prompts can be copyrightable as independent works if they are sufficiently creative.

Prompts

It is not enough for these prompts to simply be detailed and complex; they should also meet certain requirements. The authors cite the following examples:

1. extremely detailed and creative

A description in several sentences that expresses a unique artistic vision rather than just a general command.

A dreamlike cityscape where soaring glass towers reflect the golden hues of the setting sun, while glowing jellyfish float in the sky like drifting lanterns, casting a soft blue light on the cobbled streets below, where shadowy figures in Victorian garb stroll beneath an intricate web of floating bridges.

This prompt contains original expression and specific creative choices that can be copyrighted.

2. poetic or literary

A poetic passage containing figurative language, metaphors and unique phrases, such as

In the depths of the emerald ocean, a lone siren sings to the moon, her voice weaving silver threads through the midnight waves, calling lost sailors to the edge of the world where the stars whisper secrets to the tides.

This text statement shows creative authorship, similar to a poem or short text.

3. character descriptions with unique background stories

If a prompt describes an original fictional character with detailed lore, it can be protected.

Create a portrait of Lyra Stormbane, a rogue sky pirate with a mechanical arm forged from fallen meteor shards, sailing on a hovering airship powered by alchemical lightning. She wears a crimson cloak with silver embroidery and her eyes change color depending on the phase of the moon.

The specific details and original elements of the world-building could be considered copyrightable.

4. detailed suggestions for storytelling

Prompts that outline a unique narrative idea, including plot structure, character arcs, and setting.

Invent a scene in which an exiled wizard, prevented from casting magic by a cursed seal, finds an ancient, forgotten spell buried in a cave of glowing crystals. The spell can rewrite fate, but only if he sacrifices the memories of his lost love.

This call introduces an original concept that could be protected by copyrightThis call introduces an original concept that could be protected by copyright

5. lyrics or lyrical prompts

If a request is written as a text or in a structured poetic form, it can be protected by copyright.

Write a melancholy ballad about a wandering bard who weaves tales in the wind, whose voice echoes through the centuries, forgotten by time but remembered in melody.

This request could be protected as an original work.

Not copyrightable

However, generic or general phrases, factual or descriptive statements, or commands and ideas are not worthy of copyright protection.

Output

What about the output of AIs and what conditions must be met for them to be protected by copyright?

The US Copyright Office states that AI results are not copyrightable if they are merely the product of an AI system without sufficient human involvement. However, AI-powered works can be protected if a human makes a sufficient creative contribution.

Here are examples of AI output that could be copyrightable under the current interpretation of the law:

1. AI output with extensive human modification

A user creates a digital AI painting, then manually edits and enhances it in Photoshop by changing the color scheme, adjusting details and adding original elements. The final product reflects substantial human authorship through creative selection, modification and refinement.

2. AI-generated text with human editing and enhancement

A user prompts ChatGPT to create a short fantasy story, and rewrites and expands it by adding original dialog, plot developments and unique characters. The AI-generated part serves as a starting point, but the final work contains considerable human creative input.

3. AI-generated music with human composition adjustments

A musician uses an AI music generator to create a melody, but changes the composition, adds an original lyric, rearranges the structure and records new instrumentation. The final work reflects human originality in terms of melody, arrangement and lyric composition.

4. AI-assisted art with human curation and arrangement

A designer uses AI to create multiple abstract artworks, selecting the best elements, combining and arranging them into a cohesive, curated work. The process of assembling, selecting and composing requires creative human judgment and originality.

5. AI-generated music with human composition adjustments

A developer uses snippets of code generated by the AI, but rewrites parts, integrates them into a larger software application and adds unique algorithms. The human-generated structure and logic of the final software exhibit sufficient creativity.

6. AI-generated music with human composition adjustments

A poet uses AI to create a rough poem and then rewrites the stanzas, changes the rhyme scheme and alters the metaphors to fit a personal theme. The poet’s changes and expressions contribute to the final creative work.

7. AI-generated music with human composition adjustments

A digital artist uses AI to create a background image, but paints custom characters, foreground elements and unique stylistic features over it. The AI-generated background is just one element in a larger, human-created composition.

8. AI-generated script with extensive human revision

A screenwriter asks the AI to create a rough draft of a script, and then rewrites the dialog, develops unique characters and expands the story. The final version of the human contains a significant new creative expression.

9. AI-generated photography edited with human artistic decisions

A photographer uses AI to improve lighting, sharpen details or overlay exposures, but selects, arranges and edits the images manually. The photographer’s decisions and refinements shape the final artistic result.

Not copyrightable

Direct, untouched AI output (e.g., an AI-generated image with no modifications), works based solely on a simple prompt (e.g., “paint a picture of a dragon”), or AI-generated music, text, or art where user input is minimal are not eligible for copyright protection.