Subject Guides
Generative Artificial Intelligence
An introduction to generative AI, guidance on using AI tools, and additional resources
Guide Contents
What is copyright?
Copyright is legal protection that can be applied to intellectual property, or "original works of authorship", such as books, multimedia, computer programs, architecture, and art (title 17, U.S. Code). Copyright prevents unauthorized copying of a work, giving the copyright owner control over how their work is used, including the right to distribute copies, prepare derivatives, public performance, and public display.
Is content created by Gen AI Tools copyrightable?
Currently, copyright protection is not granted to works created by Artificial Intelligence. The U.S. Copyright Office has issued guidance that explains the requirement for human authorship to be granted copyright protection and provides information to creators working in tandem with AI tools on how to effectively and correctly registered their works.
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US Copyright Office and AIUS Copyright Office's has a 3-part report regarding AI and copyright. Part 2 discusses the copyrightability. See also the guidance on copyright registration for works containing GenAI materials.
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Comic Book Zarya of the Dawn: How AI is changing the landscape of copyright protectionGraphic novel author Kris Kashtanova wrote the storyline of her graphic novel Zarya of the Dawn herself but used a generative AI tool to create the images for the story. The US copyright office granted copyright protection to her written text and the order of the images as they are presented for the story, but did not provide copyright protection for the images themselves. The above Harvard Law article discusses the graphic novel copyright case in more detail.
What about training AI with copyrighted works? Does copyright apply for protected works?
This is an ongoing debate. Generally Gen AI developers have argued that training AI models with copyrighted materials is Fair Use. Fair Use gives the right to use copyrighted materials without permission under certain circumstances. Section 17 USC §107 gives some examples such " Gen AI companies have argued that the output of Gen AI is transformative and thus Fair Use applies. Creators of copyrighted works have felt otherwise as outputs have at times matched word-for-word with the original sources. The issue is multifaceted and complex. Another example is publisher licensing agreements, such as those that the Libraries have with publishers to provide access to journals, which can have terms of service that prevent scraping their content, a practice used to train generative AI.
As of May 2025, the US copyright office has released a pre-publication (part 3 of the Copyright and AI report) that discusses the use of copyrighted works for Gen AI training.
Disclaimer
This is intended for informational use only and is not legal advice. Please contact a lawyer for any legal questions.
