Protecting a game project while using generative AI takes two separate checks: decide what information may leave your studio, and understand what human-created expression you can claim in the finished work. In the United States, using AI does not automatically make a larger human-authored work uncopyrightable, but prompting alone does not establish copyright in the expression the model generates. Use a reviewable workflow for uploads, human contributions, and outputs—and check the law and contracts that apply to your project.
What are you trying to protect?
“Protect the game” can mean protecting confidential material from disclosure, preserving rights in existing assets, or establishing which parts of an AI-assisted result contain human-authored expression. These are related but distinct questions. A copyrightability assessment does not establish that an upload was confidential, permitted by contract, or handled securely; a service’s data terms do not determine whether a generated image or code is copyrightable.
- Existing work: Art, code, story material, and other assets your team or a rights holder already created. Keep track of who owns or licenses them, and whether your team is allowed to submit them to an outside service.
- Human contribution: Work such as original art, code, and creative selection, arrangement, or modification that people add to an AI-assisted result.
- Generated expression: Material determined by the system rather than sufficiently shaped by a human author. Do not assume a prompt, subscription, or possession of an output gives your studio copyright in that expression.
This article describes U.S. federal copyright guidance and one federal agency’s internal policy example. It is not a worldwide rule or a determination of rights in a particular game. Contract, confidentiality, privacy, and other legal questions depend on the jurisdiction and project.
Can you copyright AI-assisted game art or code?
The U.S. Copyright Office’s January 29, 2025 summary of Part 2 of its AI report says generative-AI output can be protected where a human author determines sufficient expressive elements. It gives examples such as human-authored work perceptible in the output and creative human arrangements or modifications. Merely providing prompts is not enough to establish copyright in the generated expression. At the same time, the use of AI in a creative process—or the inclusion of AI-generated material in a larger human-created work—does not by itself prevent copyrightability.
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For a game, assess the specific contributions rather than applying one label to the whole project. A team may have rights in its pre-existing assets and in original human-created work even if it uses an AI-generated element; that does not establish copyright in every element of the result. The Copyright Office’s summary is general guidance, not legal advice or a decision about a specific asset. As Register of Copyrights and Director Shira Perlmutter put it: “Where that creativity is expressed through the use of AI systems, it continues to enjoy protection.”
Keep evidence of the human work
Preserve source files and version history, along with records of meaningful artist or developer edits. Where appropriate, retain prompts and notes showing how people selected, arranged, or modified material. These records can help explain what the team contributed and what it intends to claim; they do not guarantee copyright registration or ownership.
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Is it safe to upload game files or paste source code into an AI tool?
There is no universal answer. The reviewed federal sources do not establish how any named commercial provider handles submitted prompts or files. Before using a service, check the current terms and settings for the exact product tier and account. Look specifically for rules on input use, retention, training, sharing, deletion, and enterprise controls. Do not infer a confidentiality promise, training opt-out, or indemnity unless the applicable terms actually provide it.
This is also a permission decision for the studio. The U.S. Department of State’s 20 FAM 302.2, dated February 20, 2025, warns that AI inputs and outputs can raise intellectual-property concerns and tells Department personnel not to input protected content into AI services in an official capacity without permission. That is a Department policy, not a rule governing private game studios, but it illustrates why teams need clear approval rules for protected material.
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Decide what may leave the studio
Classify material before anyone uploads it. The following handling approach is a practical studio recommendation, not a classification scheme prescribed by the cited federal sources.
| Material | Before using an external AI service |
|---|---|
| Public marketing material | Check that it is genuinely public and that the intended use is allowed by studio policy and the service terms. |
| Unreleased art, story content, or source code | Require explicit internal approval; review the service terms and account settings for the specific tool and tier before submission. |
| Third-party or licensed assets | Check the license and any publisher or other project agreement. Get permission where needed before uploading. |
| Credentials, personal data, or material under NDA | Do not submit without a specifically reviewed basis and approval. Escalate uncertain cases to the responsible security, privacy, or legal contact. |
When comparing tools or workflows, consider whether source material leaves studio-controlled systems, the current retention and training terms, access and deletion controls, permission for each input, contract coverage, and the cost of reviewing or remediating outputs. The sources discussed here do not establish a winning provider or verify any vendor’s current terms.
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How should a game team review AI-generated output before release?
Review the result as a production asset, not as material that is automatically safe to ship because a model produced it. Assign a human reviewer and keep enough context to identify the input and the team’s changes.
- Confirm input permission. Record whether the source material was studio-created, licensed, public, or otherwise approved for the particular use.
- Review the output for similarities and provenance. Compare art against existing game assets and licensed material. For code suggestions, check for copied material and any license obligations before merging them.
- Record human edits and decisions. Preserve relevant versions and note creative selection, arrangement, or modification so the team can explain its contribution.
- Escalate uncertain cases. Seek review when an output resembles a protected work, its provenance is unclear, or the team cannot establish permission for an input.
- Apply release and access controls. Use the studio’s normal approval process for asset integration and restrict access to confidential project material according to internal policy.
The cited federal materials do not specify a similarity-checking product or a technical threshold that clears an asset for release. A check can inform review; it cannot by itself settle rights in a disputed output.
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Do copyright rules allow AI use of someone else’s game code?
No general permission follows from the narrow software exemptions in the U.S. Copyright Office’s regulation at 37 CFR § 201.40. One provision covers specified good-faith security research involving computer programs: it requires lawful acquisition or authorized access, testing or correction in an environment designed to avoid harm, and use of the information primarily to promote security. The regulation also says this exemption is not a defense to liability under other applicable laws.
The regulation separately describes limited video-game circumvention exemptions for certain lawfully acquired complete games after server support ends, including qualifying personal local play or cultural-institution preservation under detailed conditions. These provisions are not a general right to copy or upload another party’s game code to an AI service. If a proposed use depends on an exemption, have qualified counsel assess the actual facts and applicable law.
What questions remain beyond U.S. copyrightability?
The Copyright Office’s AI initiative page describes Part 3, “Generative AI Training,” as released in pre-publication form on May 9, 2025, with a final version forthcoming on that page. It addresses legal issues around training, but that status does not settle every question about training, licensing, or liability. Whether a model’s training on a source work is lawful is also separate from who can claim rights in a particular output.
These federal sources do not resolve trade-secret safeguards, international copyright rules, the terms of a particular game publishing agreement, the handling terms of a particular AI vendor, or the result of an individual infringement dispute. If those issues affect your project, identify the governing jurisdiction and review the current contract and service terms with qualified counsel or the relevant rights holder.
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