Can AI-Generated Output Be Protected by Copyright? A Comparative Analysis of Indonesia, the United States, and the European Union

 1. Introduction: Who Owns AI-Generated Works?

As generative AI systems (Midjourney, DALL·E, Stable Diffusion, etc.) become more advanced, one fundamental legal question arises:

“Can a work created by AI be copyrighted?”
“If humans guide the AI, how much involvement is required to claim authorship?”
“Does AI-produced content belong to the user, the developer, or no one?”

Different jurisdictions offer different answers—and all of them rely on one key concept:
copyright requires human creativity.

2. Indonesia’s Position: Human Creativity Is Mandatory

Under Indonesia’s Copyright Law (UU No. 28/2014):

✔ Copyright belongs only to human creators

✔ Intellectual effort and creativity are required

❌ AI cannot be considered an “author”

❌ AI output alone cannot be copyrighted

This means:

AI-only works → NOT protected by copyright.

Human–AI collaborative works → CAN be protected if the human contribution is creative and substantial.

Human involvement must be more than:

  • pressing “generate”

  • writing a short prompt

  • selecting one of the outputs

It must involve:

✔ concept creation
✔ composition decisions
✔ meaningful editing or transformation
✔ artistic judgment

In short:
Human authorship is required for legal protection.

3. United States: AI-Only Works Are Not Copyrightable

The U.S. Copyright Office (USCO) has firmly stated:

“Works created solely by artificial intelligence are not copyrightable.”

Relevant cases:

• Stephen Thaler (2023) — “Creativity Machine” Case

The USCO rejected his request to copyright an AI-generated image because no human authored the work.

• “Zarya of the Dawn” Comic Book Case

The artwork generated using Midjourney was denied copyright because the human creator did not exercise sufficient artistic control over the images.

USCO will only recognize copyright if:

  • human involvement is significant

  • human creativity shapes the final work

Thus:

❌ AI-only → no copyright

✔ Human-guided AI → may be eligible

4. European Union: The “Human Creative Choice” Standard

The European Union also requires originality created through:

“Free and creative choices made by a human author.”

Therefore:

❌ AI-only outputs → not original, not protected

✔ Human–AI works → copyrightable if human influence is genuine

Additionally, the EU AI Act (2024) adds new obligations:

  • AI developers must provide transparency about training data

  • Certain AI-generated content must be labeled

  • High-risk or general-purpose AI requires documentation and oversight

EU law is moving toward stricter protection of human authorship and clearer boundaries for AI.

5. Can AI Output Infringe Copyright? Yes.

AI-generated content may still violate copyright if:

  • it closely resembles an existing artwork

  • it imitates a distinctive composition or layout

  • it recreates a recognizable style

  • it includes substantial copied elements (even unintentionally)

Two distinct forms of infringement:

1) Derivative Work Infringement

AI output is too similar to a copyrighted work.

2) Moral Rights Violation

Especially relevant in Indonesia & EU:
imitating an artist’s unique style may violate the creator’s right of integrity.

6. Who Owns AI Output?

1) The AI Platform?

No.
AI developers generally disclaim ownership through Terms of Service.

2) The AI Developer?

No.
They only provide the tool, not the creative intent.

3) The User?

Possibly, if:

  • the human provided creative direction

  • the output is not an AI-only creation

  • the output does not infringe others’ rights

If the user’s involvement is minimal, some jurisdictions may rule the work has no copyright owner.

7. Comparison Table: Indonesia, U.S., EU

RegionAI-Only OutputHuman–AI CollaborationNotes
Indonesia❌ Not copyrightable✔ Protected if human creativity is presentRequires human authorship
United States❌ Not copyrightable✔ Recognized if human input is significantUSCO position is strict
European Union❌ Not original, not protected✔ Copyrightable if human choices shape the workEUAI Act adds transparency rules

8. Final Conclusion

So, can AI-generated works be copyrighted?

Indonesia:

➡ AI-only works: NO
➡ Human–AI works: YES, if human creativity is substantial

United States:

➡ AI-only works: NO
➡ Human–AI works: YES, with sufficient human authorship

European Union:

➡ AI-only works: NO
➡ Human–AI works: YES, if the human makes creative choices

⭐ Universal Rule Across Jurisdictions:

AI cannot be an author.
Only humans create copyrightable works.
Human contribution defines ownership.

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