In January 2025, the United States Copyright Office (USCO) released significant guidelines addressing the intersection of copyright and Artificial Intelligence (AI).

When registering AI-assisted works, creators must clearly differentiate their contributions from those generated by AI, especially if the AI's involvement exceeds a minimal threshold.

Both Canadian and US laws require works to be original, with Canadian law placing emphasis on skill and judgment, while US law mandates independent creation and minimal creativity.

Jackson Pollock's paintings serve as a benchmark to illustrate the significance of human touch in art, contrasting them with AI-generated works that rely heavily on algorithms and user prompts.

These guidelines clarify that copyright protection is reserved exclusively for human authors, stating that works generated entirely by AI are not eligible for such protection.

The USCO emphasizes the necessity of human involvement in creative works, advocating for AI to serve as an assistive tool rather than a complete replacement for human creativity.

The USCO will evaluate copyright claims on a case-by-case basis to determine the necessary level of human contribution for protection, with courts expected to provide further guidance.

Copyright issues surrounding AI art remain unresolved in Canada, where courts have yet to define whether an AI can be considered an 'author.'

If an author's creative input is evident in AI-generated work, it may qualify for copyright protection, although the AI-generated portions alone will not be protected.

The USCO has recognized the copyrightable work 'Rose Enigma' for incorporating human elements, contrasting it with the rejected work 'Suryast' that lacked clear human input.

The rise of generative AI models raises concerns about diminishing human authorship, which could impact copyright claims.

Parameters, known as 'seed' values', can help limit randomness in AI outputs and bolster claims of originality, although they have not yet led to successful copyright registrations.