U.S. Copyright Office AI Guidance Agrees with ASCAP: Human Creators First

January 30, 2025

On Wednesday, January 29, 2025, the U.S. Copyright Office (USCO) released part two of its report on the legal and policy issues related to copyright and artificial intelligence (AI). This report focuses specifically on whether works created using generative AI are copyrightable.

Commenting on the report, ASCAP CEO Elizabeth Matthews said: “We’re pleased to see the U.S. Copyright Office affirm our core principle of Human Creators First. ASCAP submitted comprehensive responses to the office to make sure music creators’ voices were heard throughout this process. As we embrace the exciting benefits of this new technology, ASCAP will continue to put human creators first and defend the value of our members’ creative work.”

The new guidance supports ASCAP's first AI principle: Human Creators First. Among the key findings:

  • Questions of copyrightability and AI can be resolved pursuant to existing copyright law, without the need for legislative change.
  • The use of AI tools to assist, rather than stand in for, human creativity does not affect the availability of copyright protection for the output.
  • Copyright protects the original expression in a work created by a human author, even if the work also includes AI-generated material.
  • Copyright does not extend to purely AI-generated material, or material where there is insufficient human control over the expressive elements. Based on the functioning of current generally available technology, user prompts to generate AI materials do not alone provide sufficient control.
  • Whether human contributions to AI-generated outputs are sufficient to constitute authorship must be analyzed on a case-by-case basis.
  • Human authors are entitled to copyright protection in their works of authorship that are perceptible in AI-generated outputs, as well as the creative selection, coordination, or arrangement of material in the outputs, or creative modifications of the outputs.
  • The case has not been made for additional copyright or sui generis protection for AI generated content beyond the rights currently provided in the Copyright Act.

You can read the full report here.

ASCAP recognizes both the exciting new possibilities and challenges that generative AI technology raises for creators. We were the first PRO to establish AI principles back in 2023 and are pleased that ASCAP is one of the few organizations whose comments submitted on behalf of our members were cited in the text of the USCO report itself.

We will continue to lead the charge to put Human Creators First and to help our members navigate a rapidly changing technology landscape, just as we have for over a century.

For more information on our AI principles and advocacy, visit www.ascap.com/ai.