Copyright Registration

Why and how to register a copyright

Can I register a copyright in a derivative work that is based on a public domain work?

Yes, a copyright may be registered in a derivative work that is based on a public domain work if the modifications made in the derivative work are sufficiently original, creative, authored by a human, and fixed in a tangible medium of expression. You will need to exclude the public domain material from your claim.

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What should I do if I obtained a copyright registration without disclosing the use of AI?

If, in your application for registration of a copyright in a work, you failed to make a required disclosure of more than de minimis AI use, then you should file a supplementary registration application to correct the record.

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Can the failure to disclose the use of AI in the creation of a work invalidate a copyright registration?

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Yes. Failing to include an appropriate AI disclosure in an application for registration to the U.S. Copyright Office when required can lead to cancellation of registration or potential legal challenges to the validity of the copyright. The U.S. Copyright Office can cancel or modify a registration if it discovers undisclosed AI use, and it has

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Where in a copyright application should AI use be disclosed?

To disclose the use of artificial intelligence (“AI”) in the creation of a work, specifically identify and describe the AI-generated content in the Limitation of Claim portion of the copyright application. In addition, you will need to specifically describe the human contribution to the work in the Author Created field. You can use the Note

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If I make significant changes to AI-generated content, do I still have to disclose AI use in the copyright application?

It may be necessary to disclose AI use in a copyright registration application even if you have made significant changes to the AI-generated content, if the AI-generated content was not de minimis. Copyright may be claimed in significant modifications that a human makes to AI-generated output. Copyright may also be claimed in a human’s selection,

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What kinds of uses of AI do not need to be disclosed in a copyright application?

It is not necessary to disclose minor (“de minimis”) use of AI in a copyright application. Using AI to proofread and edit a work generally does not need to be disclosed. Using AI solely for brainstorming ideas or outlining also does not generally need to be disclosed. Copyright may not be claimed in ideas or

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Is it necessary to disclose the use of AI in a copyright application?

The United States Copyright Office requires applicants to disclose the use of AI in the creation of a work if AI was used to create an appreciable amount of the work. When disclosure is required, it is necessary to also describe how it was used in the creation of the work, and to describe the

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Does the use of artificial intelligence (AI) in the creation of a work prevent registration of a copyright in the work?

Using AI-generated output in a work does not necessarily prevent registration of a copyright in the work. If a work is entirely AI-generated, then yes, copyright protection cannot be claimed. This is true even if a human provided the prompts for the output. If the output contains significant human-authored expression, however, a claim of copyright

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How can I correct a mistake in a copyright registration?

You may request correction of an error in a copyright registration by filing an application for supplementary registration . If the error does not affect eligibility for registration, the Copyright Office normally will issue the Supplementary Registration. A supplementary registration cannot be used to change certain kinds of things. Types of things that cannot be

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Do copyright registrations have to be renewed?

No. Copyright registrations are not renewable. At one time, it was necessary to renew copyright registrations to keep them in force. For works created after January 1, 1978, renewal is not required.

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