AI and Copyright: What Designers Need to Know About the Latest Ruling

The U.S. Copyright Office has just released a crucial update on how artificial intelligence (AI) impacts copyright law—and if you're a designer, this directly affects your work. As AI-generated content becomes more common, the rules around ownership and intellectual property (IP) are evolving. The latest report reaffirms a fundamental principle: human creativity remains essential to copyright protection.

The Key Takeaway: Creativity is IP, AI is the amplifier

If you’ve experimented with AI-generated visuals or used generative tools in your design process, you may have wondered: Who owns this? The Copyright Office has made it clear: AI-generated works are not protected by copyright unless there’s a significant human contribution. Simply typing a prompt into an AI system doesn’t meet the threshold for authorship.

What This Means for Designers

1. Human Input Matters – If an AI tool assists your creative process but you make critical creative choices, your work is still protected.
2. AI Outputs Alone Aren’t Copyrightable – If a design is purely AI-generated without meaningful human modification, it cannot be copyrighted.
3. Incorporating AI Is Fine – If you blend AI-generated elements into a larger human-driven design, your overall work may still be protected.

Why This Matters for Your Work

Designers today rely on AI for concept ideation, rendering, and even full compositions. But if you’re using AI to generate complete works without significant human involvement, you may find yourself without legal protection against unauthorized use. This could impact everything from client work to portfolio pieces and branding projects.

Shira Perlmutter, the Register of Copyrights, summed it up well: “Extending protection to material whose expressive elements are determined by a machine would undermine rather than further the constitutional goals of copyright.” In other words, AI can’t replace human originality when it comes to legal protections.

How Designers Can Protect Their Work

• Ensure Human Creativity is Present – If you’re using AI, make sure you add distinct creative decisions and modifications.
• Document Your Creative Process – Keep records of how you’ve modified AI-generated elements.
• Understand Licensing Agreements – Many AI tools have terms that limit how outputs can be used commercially. Always check the fine print.
• Secure and Protect Your Design Data – Since AI tools often require access to vast datasets, be mindful of where your designs are stored and who has access to them. Use encrypted storage and version control to safeguard your intellectual property.
• Monitor Unauthorized Use – AI-generated content can be scraped and reused without your permission. Regularly check for potential misuse of your work and take action if needed.

What’s Next?

This ruling is part of a broader initiative by the Copyright Office to address AI’s role in creative industries. As AI tools become more sophisticated, legal definitions of authorship will continue to be tested. Designers should stay informed and proactive about how they use AI to ensure they maintain control over their intellectual property.

In a world where AI is rapidly transforming design workflows, one thing remains clear: your creativity is still the most valuable asset. Protect it by staying informed, securing your design data, and ensuring your work remains truly yours.

If you want an easy way to protect your IP today, and prove the use of AI in your workflow of human made pieces downstream, Final Design is your go-to solution. Join our waitlist today