The Tool Desk
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This guide describes positions and policy materials in the United States, the United Kingdom and the European Union as reflected in official sources available on October 7, 2026. It is general information, not legal advice for a particular project or dispute.
Start by separating four different rights questions
“Who owns this AI-generated work?” can mean several things. A person or business may have contractual permission to use an output without owning copyright in it; conversely, a copyright claim does not by itself settle whether training inputs were lawfully used or whether a depicted person consented to the depiction.
- Input rights: Were protected works copied or otherwise used for training, retrieval, fine-tuning or another purpose, and what law or license applies?
- Copyright in the output: Did a human contribute enough original expression for the output, or a larger work containing it, to qualify for copyright in the relevant jurisdiction?
- Similarity: Does the output reproduce a substantial part of a protected work? This is a separate issue from whether the system was permitted to train on that work.
- Identity and contracts: Does the output simulate an identifiable person, and what consent or other rights apply? What do the AI service terms and any employment, client or commissioning agreement say about use and ownership?
What the rules say in the United States, United Kingdom and European Union
The official materials describe different legal frameworks and policy questions, not one harmonized international rule. The table separates what those materials state from questions they do not resolve.
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| Question | United States | United Kingdom | European Union |
|---|---|---|---|
| Copyright in AI output | The U.S. Copyright Office’s January 29, 2025 summary says copyright can protect output when a human author determines sufficient expressive elements. It says prompts alone are not enough; human-authored elements, creative arrangement or modification may qualify. | The UK Government’s December 2024 consultation describes protection for human-authored AI-assisted work and a separate statutory category for certain computer-generated works. Under section 9(3) of the Copyright, Designs and Patents Act 1988, the person who undertook the arrangements necessary for creation is treated as author of a qualifying computer-generated literary, dramatic, musical or artistic work; the consultation states a 50-year term. | The UK Government’s March 18, 2026 report summarizes EU AI Act obligations for general-purpose AI model providers, but the summary does not establish a general EU rule for copyright ownership of wholly AI-generated output. |
| Training material | The cited U.S. Copyright Office materials concern output copyrightability and training; they do not settle the legality of every training use. | The UK Government consultation describes disagreement over whether existing UK exceptions permit training uses. Rights holders report difficulty controlling use and obtaining remuneration; developers report legal uncertainty. | The UK Government’s March 18, 2026 report says the EU AI Act requires general-purpose AI model providers to have a policy to comply with EU copyright law and publish sufficiently detailed summaries of training material. These requirements are not a blanket answer to whether a particular use is authorized. |
| Digital replicas and disclosure | The U.S. Copyright Office published Part 1 of its AI report on digital replicas on July 31, 2024. The cited summary does not set out a complete rule for when consent is required. | The consultation raises the issue of digital replicas that reproduce a person’s voice, appearance or likeness without consent. It also discusses licensing, transparency, rights-reservation tools and output labeling, while recognizing technical challenges. | The cited UK report summary does not specify a complete EU rule for consent to a particular replica or all output-labeling duties. |
The UK statutory category is not the U.S. approach. Nor does describing the UK rule establish how often it applies: the UK Government’s March 2026 report revisits computer-generated works and notes uncertainty and limited evidence about use of the provision. The categories, exceptions and remedies can also turn on details not captured in a high-level comparison.
When can a person copyright something made with an AI tool?
United States: prompts alone are not enough under the Copyright Office’s stated position
In its January 29, 2025 summary of Part 2 of its AI report, the U.S. Copyright Office says protection is available only where a human author determined sufficient expressive elements. Merely entering prompts does not meet that standard in the Office’s account. A human may, however, contribute expression that is perceptible in the result, or make creative choices in arranging or modifying AI-generated material.
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Using AI as a creative aid does not automatically disqualify a work. The Office says that including AI-generated material in a larger human-created work does not bar copyrightability. The practical question is which elements reflect human authorship, not simply whether AI appeared somewhere in the workflow. Keep drafts, edit histories, prompts and notes on selection and arrangement if they help show what the human creator actually contributed; documentation may help explain the process, but does not itself guarantee copyright.
United Kingdom: distinguish AI assistance from a qualifying computer-generated work
The UK Government’s December 2024 consultation describes human-authored AI-assisted works separately from computer-generated works under section 9(3) of the Copyright, Designs and Patents Act 1988. The latter category concerns qualifying literary, dramatic, musical or artistic works generated where there is no human author. The consultation says authorship is assigned to the person who undertook the arrangements necessary for creation, and gives the term as 50 years.
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That description should not be treated as a general rule that whoever typed a prompt owns every AI output. The statutory category has its own conditions, and the UK Government’s March 2026 report says evidence about its use is limited and the policy question remains under review.
Does permission to train an AI model settle whether an output can be used?
No. Training rights and output similarity are distinct. A lawful training basis would not automatically authorize an output that reproduces a substantial part of a protected work. Likewise, an output that does not reproduce protected expression does not by itself prove that every training copy was authorized.
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The UK Government’s December 2024 consultation says that an output containing a substantial part of a copyright work may infringe if no license permits it. Whether that threshold is met depends on the work, the output and applicable law. The consultation also describes disputes about whether existing UK exceptions cover training and notes litigation in several jurisdictions, including Getty Images v Stability AI in the UK. It does not predict the outcome of that case or other disputes.
The UK Government’s March 18, 2026 report examines copyright works used in AI development, training-data transparency, technical measures, licensing and rights reservation. That policy review is not a substitute for checking the terms and law applicable to a particular dataset, model, output and territory.
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Can an AI system use a person’s voice or likeness without consent?
A simulated voice, face or likeness raises a different issue from copyright in the source material. Someone may have rights in a song, photograph or script while the person represented in it has separate interests in how their identity is reproduced. Permission to use a source work should not be assumed to include permission to make a digital replica of a person.
The UK Government’s consultation identifies digital replicas that reproduce a person’s voice, appearance or likeness without consent as a policy concern. The cited official materials do not establish one global consent test or a comprehensive rule for every country, use or kind of replica. Check the law where the person, creator, service and audience are relevant, as well as any release, license or contract. Do not assume that a copyright license alone answers the identity question.
What should creators and businesses check before publishing?
- Identify the relevant places. Record where the creator and represented person are, where the service and business operate, and where publication or commercial use is planned. Copyright exceptions and identity-related protections vary by jurisdiction.
- Check the input basis. For source works supplied to a tool or used in a dataset, determine whether a license, permission or applicable legal exception covers the relevant use. Training legality remains contested in the UK materials; do not treat availability online as permission.
- Record the human contribution. Keep source drafts and a concise record of what a person wrote, selected, arranged, revised or otherwise contributed. In the United States, the Copyright Office says prompts alone do not establish the human authorship required for copyright in AI output.
- Review the output for recognizable material. Compare it with potentially relevant source works and investigate any substantial similarity before release. The UK consultation identifies reproduction of a substantial part without a license as a possible infringement issue.
- Obtain identity permissions separately. If the result imitates or depicts a real person’s voice, appearance or likeness, check consent and other applicable rights rather than relying only on a license for a photograph, recording or other input.
- Read the contracts. Check current AI-service terms and any employer, client, commissioning or contributor agreement for provisions on input use, output rights, disclosure, confidentiality and permitted commercial use. A contract can allocate rights between its parties, but it cannot by itself answer every third-party copyright or identity claim.
- Check disclosure and reservation requirements. Depending on the jurisdiction, service and project, relevant considerations may include rights-reservation tools, training-data transparency or output labeling. The UK report discusses these as policy and technical issues; verify the obligations that actually apply to your use.
How current are these positions?
The U.S. Copyright Office’s AI initiative page lists Part 2 of its report, on copyrightability of generative-AI outputs, as published January 29, 2025; Part 1, on digital replicas, as published July 31, 2024; and Part 3, on generative-AI training, as released in pre-publication form on May 9, 2025. The page’s pre-publication description is a status statement, not a final resolution of training law.
The UK Government’s December 2024 consultation records competing views on training and describes ongoing litigation in several jurisdictions. Its March 18, 2026 report revisits training data, transparency, licensing, computer-generated works and digital replicas. Litigation, legislation and implementation can change; a project with material commercial or reputational risk warrants current advice in the relevant jurisdiction.
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