Artificial intelligence is revolutionizing the way we write, publish, and even think about storytelling. With platforms like ChatGPT, Sudowrite, Jasper, and Claude capable of drafting paragraphs, generating dialogue, and plotting entire books, the temptation to use AI for your next novel or nonfiction project is real.
But here’s the legal question more and more creators are now facing:
Can you copyright a book written by AI?
Or put another way:
If an AI writes your book, do you legally own it?
The answer, especially in the U.S., is not as simple as it sounds. Let’s break down what copyright law says about AI-generated content, how it affects your publishing rights, and how to legally protect a book created with help from artificial intelligence.
1. U.S. Copyright Law Requires Human Authorship
Under current law, only human beings can be considered the “authors” of creative works. This has been reaffirmed repeatedly by the U.S. Copyright Office, including in a March 2023 guidance specifically addressing AI-generated works.
“Copyright can protect only material that is the product of human creativity.” – U.S. Copyright Office
That means if an AI tool independently generates parts of your book—like a full chapter, character description, or poem—those sections are not protected by copyright, even if you directed the AI with prompts.
📌 Important Case:
In Zarya of the Dawn, an author used the AI tool Midjourney to create graphic novel illustrations. The Copyright Office granted protection for the human-written text—but denied copyright for the AI-generated images.
2. What Parts Can You Copyright?
If your book is partially written by AI and partially written or edited by you, you can copyright the parts that reflect your original human contribution.
This includes:
- Content you wrote yourself (intro, analysis, commentary)
- Significant editorial changes to AI-generated text
- The overall structure and organization of the book
- Curated selection of AI-generated snippets that show creative judgment
- Unique combinations of text and images
But if you rely entirely on AI with little to no human creativity, your copyright claim will likely fail.
✅ Best Practice:
Keep a detailed log of your creative process, including prompts, edits, and decisions you made when curating AI content. This can help show your human authorship.
3. You Must Disclose AI Use in Copyright Applications
Starting in 2023, the U.S. Copyright Office requires applicants to disclose the use of AI tools when registering a work. Failing to do so could result in the cancellation of your registration.
If AI was involved in any way, you must:
- Specify which portions were AI-generated
- Describe how you edited or contributed to the final content
- Only claim copyright over the parts you personally created
Pro tip: You should talk to an intellectual property attorney about how to phrase this to minimize your chances of rejection.
4. AI-Generated Content Could Pose Legal Risks
Using AI to generate content doesn’t just raise copyright questions—it can also create liability.
⚠️ Key Legal Risks:
1. Plagiarism or Copyright Infringement
AI models are trained on vast amounts of text, including copyrighted material. You may unknowingly reproduce language or style that’s too close to existing works—raising the risk of plagiarism or copyright claims.
2. Defamation or Harmful Content
AI-generated dialogue or narrative could include offensive, inaccurate, or defamatory content, especially if you’re writing nonfiction or satire.
3. Publishing Contract Conflicts
Most publishers, self-publishing platforms, and distributors require that the work is “original” and authored by a human. Using AI without proper disclosure could violate contract terms or platform guidelines.
5. How Do Self-Publishing Platforms Handle AI Content?
Amazon KDP
As of 2024, Amazon’s Kindle Direct Publishing (KDP) platform requires authors to disclose whether their content was generated by AI. Authors must confirm whether the text or images were created with or by an AI model, and failure to disclose this may result in account penalties or removal.
Other Platforms
Many platforms (like Draft2Digital, IngramSpark, or Wattpad) are still forming official policies, but most expect honest disclosure and reserve the right to remove infringing or low-quality content.
6. International Differences in Copyright for AI Content
If you’re outside the U.S., you might be wondering whether other countries are more lenient.
- United Kingdom: Copyright applies to computer-generated works, but rights go to the person who made the “arrangements necessary” for creation.
- Canada & EU: Most jurisdictions still tie authorship to human creators, although AI copyright laws are under review.
- China & Japan: Rapidly evolving policies, but no clear right for AI authorship yet.
Bottom line? In most places, AI alone cannot own or license a work.
7. Can You Trademark an AI-Written Book Title?
Even if your AI-written book cannot be copyrighted in full, you might still want to protect the title, brand name, or series identity.
Yes, you can file for a trademark on:
- A book title used in a series
- Your author name or pen name (as a brand)
- Your publishing imprint
- A distinctive AI-assisted book brand
Learn more or file with an attorney:
👉 https://landrypllc.com/trademark-services/
8. Final Thoughts: Should You Use AI to Write a Book?
Using AI to write a book isn’t illegal—but the legal protections are limited unless you put in the work yourself.
Here’s the smart approach:
✅ Use AI as a writing assistant, not the sole author
✅ Edit, rewrite, and inject your personal voice
✅ Track your contributions carefully
✅ Be honest in your copyright filings
✅ Talk to a lawyer if you’re unsure what you can claim
AI is a tool, not a co-author. If you want lasting ownership of your creative work, your human input is what makes it legally yours.
Need Help Registering Your Book or Protecting Your Rights?
At Landry Legal, we help authors, publishers, and entrepreneurs protect their creative works, including books written with the help of AI. If you’re unsure about what’s copyrightable, what to disclose, or how to safeguard your rights:
📧 Email us at contact@landrypllc.com
🌐 Visit landrypllc.com/copyright-services to learn more.
