Screen AI-generated content for copyright ownership risk
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record, for each output, who prompted it, what human authorship is described, whether a work-made-for-hire writing exists, and the Copyright Office report the lawyer still has to read. State no ownership conclusion.
- What the lawyer must review
- You decide whether a copyright exists and who owns it. 17 U.S.C. § 102(a): copyright subsists in original works of authorship fixed in a tangible medium. Section 201(a): copyright vests initially in the author or authors. Section 201(b): for a work made for hire, the employer or the person for whom the work was prepared is the author unless the parties agree otherwise in a written instrument signed by them. The Copyright Office's AI page states that Part 2, published 29 January 2025, addresses copyrightability of outputs created with generative AI. Read that report before you tell a client an output can be registered.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.