In a groundbreaking decision, the U.S. Copyright Office has granted a copyright to an image created entirely using artificial intelligence—marking a significant milestone in the debate over AI-generated art and human creativity.
The image, titled A Single Piece of American Cheese, was developed by Kent Keirsey, CEO of Invoke, an AI-powered creation platform. While AI-generated content has long faced scrutiny over originality and ownership, this particular case stands out due to Keirsey’s hands-on involvement in editing and refining the image.
Using a process called "inpainting," Keirsey made over 35 AI-assisted edits to the original image, guiding the software to alter specific areas based on his input. This level of human involvement played a crucial role in securing copyright approval, with the Copyright Office ruling that the image contained "a sufficient amount of human original authorship in the selection, arrangement, and coordination of AI-generated material."
While the individual AI-generated elements remain uncopyrighted, the final composition—Keirsey’s deliberate arrangement of various components—qualified for legal protection. This decision aligns with recent guidance from the Copyright Office, which acknowledges that AI-assisted works may be eligible for copyright if they demonstrate enough human creativity.
Legal experts compare this ruling to traditional collage art, where artists assemble existing materials into a new, original work. According to Judd Lauter, special counsel at Cooley LLP, this case sets a precedent for future AI-assisted content, helping define the threshold of human involvement necessary for copyright protection.
Despite ongoing debates about AI’s role in artistic creation, this ruling signals a shift in recognizing human influence within AI-assisted works. As AI technology continues to evolve, creators and legal experts alike will closely watch how copyright laws adapt to this new digital frontier.