Abstract
This article examines copyright eligibility for works that incorporate generative AI elements under United States law, explaining that such works may be protected only to the extent they contain human-authored expression. This expression can appear as creative selection, arrangement, editing, or other expressive contributions, while unedited or autonomously generated AI output is not copyrightable. The article highlights how the U.S. Copyright Office’s registration and review system, through disclosure requirements, refusals, and public registration records, creates meaningful evidence about boundaries of copyright protection for AI-assisted works. The article contrasts this U.S. registration framework with other legal systems, including European jurisdictions such as Germany and Austria, where the absence of comparable copyright registration examination creates fewer public details about copyright eligibility.
Document Type
Article
Publication Date
2026
Recommended Citation
Roger Skalbeck, Copyright Eligibility for AI Works under United States Law, 4 Transatlantic L.J. 126 (2026).
Included in
Comparative and Foreign Law Commons, Intellectual Property Law Commons, Science and Technology Law Commons
