Can You Copyright Your Written AI Prompt?

Copyrighting written work in general

You can copyright original written works, such as books, articles, essays, and other literary works. Copyright law protects the expression of ideas, rather than the ideas themselves. This means that if you create an original written work, you own the copyright to that work and have the exclusive right to use, reproduce, distribute, and display that work.

In order to obtain copyright protection for a written work, the work must be fixed in a tangible medium of expression. This means that it must be written down, typed, or otherwise recorded in some physical form.

Copyright protection is automatic, meaning that you don’t need to register your work with any government agency or obtain any other formalities to claim copyright protection. However, registering your work with the relevant copyright office can provide additional legal benefits, such as the ability to sue for copyright infringement and the potential for statutory damages.

What about an original prompt I create and type into AI like ChatGPT or Midjourney?

Before I answer this question, please see my legal disclaimer (no legal advice is being given).

If you express an original idea as a written prompt to use with an AI system like ChatGPT or Midjourney, the resulting prompt itself may be eligible for copyright protection if it meets the requirements for copyrightability. This means that the prompt must be original, creative, and fixed in a tangible medium of expression.

If you create an original prompt and you want to protect it from unauthorized use, you may want to consider registering the prompt with the relevant copyright office. As mentioned above, registering your prompt can provide additional legal benefits and protections.

How do I know if the prompt I created is an original idea and written work?

Determining whether a written prompt is an original idea and written work requires analyzing the prompt’s level of creativity and originality.

An original idea means that the prompt must not be copied from someone else’s work or idea, and must be unique in its expression. In other words, it should be a product of your own creativity and not something that has been derived from someone else’s work.

A written work means that the prompt must be expressed in a tangible medium of expression, such as written on paper or recorded in a digital format. This is important because copyright law only protects works that are fixed in a tangible medium of expression.

To determine whether your prompt meets these criteria, you should consider the following questions:

• Is the prompt something that I came up with on my own, or did I borrow it from someone else’s work?
• Does the prompt express my own ideas and creativity, or is it a derivative work based on someone else’s work?
• Is the prompt fixed in a tangible medium of expression, such as written on paper or recorded in a digital format?

If your prompt is an original idea that you have expressed in writing, and it is fixed in a tangible medium of expression, then it may be eligible for copyright protection. However, keep in mind that determining the level of originality and creativity required for copyright protection can be complex and fact-specific, so it may be a good idea to consult with a qualified intellectual property attorney if you have any doubts.

What if I had AI help me create my original idea and prompt?

If you had artificial intelligence help you create the original idea and prompt, the copyrightability of the resulting work may depend on the extent of your involvement in the creative process.

In general, copyright law protects original works of human authorship that are the product of human creativity.

If you were involved in the creative process and made significant contributions to the creation of the prompt, then the resulting work may still be eligible for copyright protection. However, if the AI system generated the majority of the prompt without your input, it may be difficult to argue that the prompt is an original work of authorship that is eligible for copyright protection. All the details and requirements can be found in a detailed letter from the copyright office I shared in a post earlier this year.

Conclusion

Copyright law provides important protections for creators of original works, including written prompts, by giving them the exclusive right to use, reproduce, distribute, display, and perform their works. While copyright protection is automatic, registering your work with the relevant copyright office can provide additional legal rights and benefits.

It is important to understand your rights as a copyright owner, as well as any limitations and exceptions to those rights, and to take steps to protect your copyrighted works from unauthorized use. If you have any questions or concerns about copyright law and how it applies to your work, it is recommended to consult with a qualified intellectual property attorney for guidance. I have several friends who are legal experts in this area. Reach out if you’d like their names and contact information.

Make today your masterpiece!

Mitch Jackson, Esq.
2013 California Litigation Lawyer of the Year
https://mitchjackson.com