Using AI does not automatically prevent a game from receiving U.S. copyright protection, but it also does not automatically give a developer exclusive rights to every generated asset or code snippet. Copyright protection depends on human authorship of the expressive elements; a tool’s contract governs what the provider promises between itself and the user; and third-party rights or open-source licenses may still affect what can ship. Treat those as separate questions.
What copyright protects in an AI-assisted game
U.S. copyright law protects original works of authorship fixed in a tangible medium. The U.S. Copyright Office’s January 2025 report on AI and copyright says that generative AI can be part of the creative process, but protection depends on human authorship of the relevant expressive elements. The Office also says that including AI-generated material in a larger human-created work does not, by itself, bar copyrightability.
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For a game, that means the relevant question is not simply whether a team used AI. It is what people contributed to the particular material for which they want protection. The outcome is fact-dependent; the examples below describe useful distinctions, not automatic legal results.
| Game material | What to examine |
|---|---|
| Code written or revised by a developer | Identify the human-authored code and changes. If an AI suggestion is included, separately review whether it resembles or incorporates third-party material and whether a license applies. |
| Generated art, audio, or text that people substantially edit | Document the human-created expression in the edits. Whether those changes meet the copyright standard depends on the actual contribution. |
| A human-created level, story, or composition incorporating generated material | Separate the human-authored selection, arrangement, or other expression from generated components when assessing and describing the work. |
| Generated material used with little meaningful human expressive control | Do not assume that initiating generation or writing a prompt alone establishes human authorship of the resulting expression. |
The Copyright Office’s January 29, 2025 announcement put the general point this way: “The use of AI to assist in the process of creation or the inclusion of AI-generated material in a larger human-generated work does not bar copyrightability.” That is not a guarantee that a particular game asset or code contribution qualifies for protection.
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Why a tool’s ownership terms are not the whole answer
A provider’s terms describe rights and responsibilities between the provider and its customer. They cannot make material copyrightable if it does not meet the applicable legal standard, and a provider’s decision not to claim output does not establish that the output is unique or clear of third-party rights. Read the agreement for the specific service, account, and plan used; terms for one product or plan should not be assumed to apply to another.
OpenAI individual Terms of Use
OpenAI’s individual Terms of Use say that, as between the user and OpenAI and to the extent permitted by applicable law, the user owns the output and OpenAI assigns any interest it has in that output. The same terms warn that output may not be unique and other users may receive similar output. They also place responsibilities on users concerning their inputs, permissions, and evaluation of output. This is a contractual allocation between the parties, not a determination of copyright ownership against other people. Business and API terms may differ.
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GitHub AI features
GitHub’s Terms of Service say GitHub does not claim ownership of input or output from its AI features. They also warn that output may resemble training material or be subject to third-party copyright or open-source license terms. Users are responsible for deciding whether such terms apply and for complying where necessary. GitHub further cautions that output may be inaccurate, incomplete, nonfunctional, or implicated in intellectual-property claims, and calls for review and validation.
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What licensing risks to check before shipping
Commercial usability is not the same as exclusive ownership or a clean rights clearance. Generated code deserves particular scrutiny for recognizable third-party code and open-source obligations; art, music, dialogue, and other assets should also be reviewed for material that could implicate third-party rights. The applicable terms and facts matter, so no category of output is automatically safe or unsafe merely because it was generated by AI.
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- Provider terms: Check output rights, input permissions, similarity warnings, indemnity language, data handling, and restrictions in the actual agreement for the tool and plan used.
- Code and dependencies: Review generated suggestions against project dependencies, license notices, and the team’s software policy. Preserve any required notices or attribution where applicable.
- Non-code assets: Review generated art, music, text, and other material for potential third-party copyright, trademark, or likeness issues. Provider output terms alone do not settle these questions.
- Project agreements: Check contracts with employees, contractors, collaborators, and publishers for provisions that affect rights, permitted tools, disclosure, or delivery requirements.
- Distribution and territory: Verify the current submission rules of each platform and the laws relevant to the countries where the game will be sold. Requirements can differ; no current Steam disclosure rule is established here.
How to document human contributions and register a work
Copyright Office guidance for works containing AI-generated material addresses identifying and disclaiming generated material in an application where required. It also recognizes that some uses of AI tools do not raise human-authorship questions requiring a disclaimer. Follow the current instructions for the specific application and describe the human and generated contributions accurately; do not assume every use of an AI tool requires the same disclosure.
Keep records that let the team explain how the work was made. Prompts, drafts, source files, revision history, and notes on human selection, arrangement, or modification can help describe the process. Recordkeeping alone does not establish copyrightability, but it can make the claimed human contribution easier to identify.
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A release workflow for an AI-assisted game
- Inventory the material. Identify the assets and code that involved generative tools, the tool and account or plan used, and where each item appears in the shipped game.
- Preserve the creation history. Retain relevant prompts, drafts, source files, edit history, and notes identifying human-authored contributions.
- Read the applicable agreement. Review the exact provider terms for output rights, input permissions, similarity warnings, restrictions, indemnities, and data handling.
- Review for third-party obligations. For code, check for recognizable third-party material, dependency licenses, notices, and project policy. For other assets, assess potential third-party rights before release.
- Describe authorship accurately. Identify which expressive elements were created by people and which were generated. If registering, follow the Copyright Office’s current application guidance on disclosure and disclaimer.
- Check release requirements. Verify current platform policies and the applicable rules in the territories where the game will be distributed before making compliance claims.
This is a practical risk-management workflow, not a guarantee that a game or any particular output is cleared for release.
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This overview concerns U.S. copyright principles and the specific provider terms described above. Other jurisdictions may treat copyright, moral rights, contracts, or disclosure duties differently. The cited sources also do not resolve whether a particular output copies protected expression, whether it qualifies for protection, or whether a model’s training was lawful. Those questions require examining the material, its creation history, applicable terms, and relevant law. No reliable measured percentage is established for how often AI-generated game assets or code are copyrightable or infringing.
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