"In the Office’s view, it is well-established that copyright can protect only material that is the product of human creativity. Most fundamentally, the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans." "In the case of works containing AI-generated material, the Office will consider whether the AI contributions are the result of “mechanical reproduction” or instead of an author’s “own original mental conception, to which [the author] gave visible form.” 24 The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work.25 This is necessarily a case-by-case inquiry." "If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it."
The office has been quite consistent that works containing both human-made and AI-made elements will be registerable only to the extent that they contain human-made elements.