For the first time, the U.S. Copyright Office (USCO) has recognized copyright protection for an image generated by artificial intelligence. The work, titled *A Single Piece of Cheese*, marks a milestone in the history of intellectual property and sparks a debate about the future of copyright in the age of AI.
An Unprecedented Copyright Case
Kent Keirsey, CEO of Invoke—the platform used to generate the image— announced this historic achievement on his social media accounts:
"We have played a small role in the history of U.S. copyright by securing the first copyright for a single image created exclusively with AI-generated content."
This case is significant because, until now, the U.S. Copyright Office had refused to register works generated by artificial intelligence, citing the lack of human involvement in the creative process.
Why was copyright granted to an AI-generated image?
The key to legal recognition in this case lies in human intervention within the creative process. Specifically, the selection, coordination, and arrangement of AI-generated elements have been recognized, demonstrating a level of involvement that has transformed the work into something distinctly human.
Human Intervention in the Work, the Creative Process
The creation of "A Single Piece of Cheese " was not limited to simply having an AI automatically generate the image. Using the Invoke platform, the original image was modified and retouched through the following process:
- Image selection: Based on the initial prompt, the AI generated three images, and only one of them was selected.
- The selected image was enhanced by enlarging the work area and making color adjustments.
- The image was edited using “inpainting” techniques(intelligent image filling).
- Unique, distinctive elements were introduced, such as a third eye, melted cheese on the head, and an upper body structure.
It was this series of artistic interventions that led the USCO to reconsider the protection of the work in January 2025 (following the rejection of the application in September 2024).
Previous Copyright Cases
The U.S. Copyright Office (USCO) has previously reviewed copyright applications related to works created using artificial intelligence, although with different results than in this case:
Jason Allen used the Midjourney tool to create the work *Théâtre D’Opéra Spatial* (2022), but his application was rejected because he failed to demonstrate a sufficient level of human involvement.
In 2023, Kris Kashtanova was granted rights recognition for the story and visual composition of her graphic novel *Zarya of the Dawn*, but not for the AI-generated illustrations.
That same year, in the Rose Enigma case, protection was granted only to the portion based on a prior hand-drawn sketch by Kashtanova, while the elements added by artificial intelligence were excluded from protection.
In all of these examples, the USCO reaffirmed that artificial intelligence cannot be considered an author in its own right and that protection is granted only when there is clear and significant human involvement in the creation of the work.
Could the same thing happen in Europe?
In the European Union, there is still no official ruling by courts or intellectual property registries recognizing copyright in works generated by artificial intelligence. However, the recognition of copyright in A Single Piece of Cheese marks a turning point in the relationship between AI and intellectual property.
In this context, it is likely that European case law will, in the future, gradually define the interpretive criteria for determining the minimum level of human involvement required for a work generated by AI to be protected.
At ELZABURU, specialists in intellectual property, we closely monitor these developments and are ready to advise creators and companies on protecting their rights in the digital environment. Contact us for more information on how to protect your creations under current law.
Agustín Alguacil, Associate in the Legal at Elzaburu.