Can AI-generated images be copyrighted in the US right now?

As of early 2026, AI-generated images by themselves cannot be copyrighted in the US, but images with significant human creative input or modification can be. The US Copyright Office has made it clear that works created entirely by an AI tool — where a human just types a prompt and the system spits out an image — lack the "human authorship" required for copyright protection. This isn't a gray area anymore. In 2023, a federal judge upheld the Copyright Office's decision to deny registration for an AI-generated artwork titled "A Recent Entrance to Paradise," which the creator tried to copyright by listing the AI system as the author. The court basically said: no human, no copyright. However, things get interesting when a human meaningfully transforms the AI output. If you take an AI-generated base image and spend hours in Photoshop adding layers, compositing elements, and making deliberate creative choices, those modifications could be copyrightable. The key word is "could." The Copyright Office reviews these case-by-case. For a deeper dive, see our guide on AI content and copyright legal issues. A practical tip: if you're using AI-generated images commercially, document every human edit you make. Screenshot your layers panel. Save your iterations. That paper trail is your best friend if you ever need to prove human authorship. **Related**: What counts as "significant human modification" for AI art copyright? | Can I use AI-generated images in my commercial blog posts?