AI-Assisted Image Receives Copyright Protection for the First Time

For the first time, the U.S. Copyright Office has granted copyright protection to an AI-generated image. The groundbreaking decision is the result of a challenge made by Invoke, a generative AI platform, to the Office’s longstanding position that AI-generated works created solely through text prompts cannot be copyrighted.

How Invoke Challenged Copyright Law

The case centered on A Single Piece of American Cheese, an AI-generated piece of digital artwork made by Invoke’s founder, Kent Keirsey.

In its initial August 2024 decision, the Copyright Office rejected A Single Piece of American Cheese, stating that it "lack[ed] the human authorship necessary to support a copyright claim.” However, in January the agency released a report clarifying that the level of human input required for copyright eligibility would be assessed on a case-by-case basis.

Human Authorship in Copyrighted Materials

In response, Keirsey challenged the copyright rejection, asserting A Single Piece of American Cheese was created in a manner that reached the threshold of human authorship for personal intellectual property protections. He submitted a time lapse video demonstrating the intentional use of generative AI tools to manipulate and refine 35 specific elements of the image. He ultimately was successful in defending his position by demonstrating how his hands-on involvement was integral to both the originality and creation of his piece (outlined in this report). The Copyright Office deemed this evidence sufficiently established intentional human authorship.

Implications for Artists using Artificial Intelligence

Historically, AI-generated images have not been eligible for copyright protection. This ruling marks a shift and defines a threshold for other artists who may wish to secure intellectual property rights, thereby making their work monetizable in ways that were previously uncertain or legally restricted. Beyond individual creators, this decision could expand the role of AI-powered design tools and platforms, strengthening their value in creative industries.

Navigating AI and Intellectual Property Law

As our relationship with technology evolves, so does our perception of art, authorship, and originality. The intersection of artificial intelligence and intellectual property law examines the extent of authentic human authorship of art and media created with tools that are inherently fueled by the original works of others. Artificial intelligence and its impact on our lives continues to spur debate as we navigate the next phase of this tech-driven society.

If your business utilizes artificial intelligence, it’s important to maintain awareness of federal laws and guidelines that may affect your bottom line. Kronenberger Rosenfeld, LLP regularly assists clients with AI legal compliance for their businesses. Contact us today.