New US copyright rules explained + frameworks to protect yourself
Finally, clarity on what you can (and can't) protect in your AI creations.
The US Copyright Office just dropped major news the other day that affects everyone creating with AI. They released part 2 of their AI report, which is all about generative AI and copyright.
I’ve spent the last couple days analyzing what this means for creators, whether that is a business, solopreneur, or artist.
Here's what you need to know: The rules around AI-created content are finally getting clearer. But it's not what most people think – pressing "generate" won't get you copyright protection.
I'm seeing three major shifts that matter for creators:
The law is catching up with how we actually use AI
There are new, specific requirements for protecting your work
Documentation is becoming crucial (in ways most creators aren't ready for)
While others are debating theory, we're going to focus on what matters: practical steps to protect your AI-assisted creations in 2025 and beyond.
If you are really serious about AI copyright, I conducted a comprehensive report with my own visuals that breaks down every aspect of the new guidance, with specific strategies for entrepreneurs, businesses, and individual creators.
This is a new project I started here for AI Disruptor. These are in-depth, professional reports that were created with my specific audience in mind. (Using the new reader survey so I understand exactly who you all are.)
Become a paid member for full access. (Downloadable report at end of this page)
The most important thing to understand is this: The Copyright Office isn't saying "no" to AI – they're saying "show us the human touch." This creates both challenges and opportunities for creators who know how to navigate the new landscape.
Let me explain how this directly affects your work...
The fundamentals you need to know
Understanding what counts in AI copyright isn't just academic – it's the difference between owning your work and watching it drift into the public domain.
Let's break down what actually matters.
The core principle is simple: human creativity wins. But what does that really mean in practice?
What actually counts for protection:
Direct creative control
Making substantial modifications to AI outputs
Creatively arranging AI-generated elements
Your original content that remains visible in the final work
Think of it like cooking: Using AI is like using a food processor.
The tool helps, but you're still the chef making the creative decisions. The Copyright Office wants to see your recipe, not just the final dish.
What doesn't qualify:
The "generate button trap"
Just hitting generate and hoping for the best
Writing prompts (even detailed ones)
Picking your favorite AI output from multiple generations
The Copyright Office actually tested this.
They fed a detailed prompt to an AI system for a cat reading a newspaper. Despite specific instructions, the AI made its own creative choices. The message was clear: prompts don't equal authorship.
Let's bust some common myths:
❌ "Detailed prompts = copyright protection"
No matter how detailed your prompt, it's considered more like giving instructions than creating art.
❌ "If I pick the best output, it's mine"
Selection alone isn't considered creative input. The Office compares it to rolling dice – you might keep rolling until you get what you want, but you're not controlling how the dice land.
❌ "Using AI means I can't protect anything"
AI can be part of your creative process – you just need to show your creative control.
Here's what really matters: You need to demonstrate that you're guiding the creative process, not just describing what you want and letting AI figure it out.
The good news? Once you understand these principles, protecting your work becomes much clearer. The key is showing your creative fingerprints on the final product.
Let's look at exactly how to do that...
Your practical protection checklist
Getting protection for your AI-assisted work isn't necessarily super complex – but it does require a new way of thinking about your creative process.
Think of this like version control for creativity.
Just as developers track their code changes, we need to track our creative decisions.
Here's how to make it work:
Documentation essentials:
The creation timeline
Save your initial concept/plan
Keep iterations of your work
Track significant modifications
Note when and how AI was used
Your creative fingerprints
Document your original inputs
Save pre-AI content you created
Record your modifications to AI outputs
Keep examples of your creative decisions
When registering your work, you'll need to clearly show what's yours versus what's AI-generated.
Here's how to make this easier:
✅ Do this from day one:
Create a simple log of your creative sessions
Screenshot or save significant changes
Note which elements came from you vs. AI
Keep a record of substantial modifications
❌ Avoid these common mistakes:
Mixing everything together without tracking
Losing original versions
Not documenting your creative decisions
Waiting until registration to sort it out
Registration checklist:
Before you submit:
□ Identify all AI-generated elements
□ Document your creative contributions
□ Prepare to disclaim "non-human expression"
□ Gather evidence of your creative control
During registration:
□ Clearly mark human-authored elements
□ Separate AI-assisted from purely human work
□ Provide context for your creative process
□ Include documentation of your contributions
Pro tip: Create a simple template to track this as you work. Don't make it complicated – just enough detail to show your creative journey.
Remember: The goal isn't to avoid using AI – it's to show how you've used it as a tool in your creative process. The more clearly you can demonstrate your creative control, the stronger your protection will be.
Action steps and resources
AI and copyright is changing fast, so while others wait for perfect clarity, you can build systems that protect your work today and adapt for tomorrow.
Here's your immediate action plan (adjust to your specific situation):
Today:
Document your current AI workflow
Save all original inputs and iterations
Start separating human and AI elements
Create basic documentation templates
This week:
Set up a creative checkpoint system
Review recent work for protection gaps
Update your project organization
Test your documentation process
This month:
Optimize your creative workflow
Build automatic documentation triggers
Review and update protection systems
Start future-proofing your process