AI tools will continue to rise in popularity in the coming years, but copyright, trademark, and licensing agreements are all affected by the use of these tools. Because AI pulls its information from what already exists on the internet, this is the information it uses to generate a new response. Content generated by AI, including writing, images, videos, or outlines for another creative work, is made up of a conglomerate of other people’s ideas and hard work. Many questions are raised by the use of AI creation, including: can certain words be copyright protected? Are certain art styles at risk of being copyrighted?
Working in a creative space may make putting your work online even more difficult. Let’s dive deeper into how copyright and IP law can tackle AI use and if your work could be stolen.
Different Types Of Content
The person who technically owns content generated by AI will depend on whether the content is fully AI or has a mix of human and AI-generated work. Recognizing legitimacy through the U.S. Copyright Office will look at the arrangement and how much work was generated by the artificial intelligence.
Works Fully Generated By AI
Content, images, or other pieces created entirely by AI will not be owned by anyone. These pieces are considered public domain, which means that no one can claim them as their own. No one will be able to register the work for copyright protection, as it was done using a variety of sources.
Combination Of AI And Human Content
If parts of the work were created by a human, this person can claim copyright on only those parts of the work. The arrangement, human pieces of written content, or other portions that were done by a human are not considered public domain, but the other elements will be. This means that these parts are not protected from reuse or repurposing.
Terms Of Service From Different Apps
Depending on the app or service you use to generate something, the terms of service from that AI app could determine who owns the rights to the creation. Apps like OpenAI and Anthropic will have this listed in their terms of service. While most of these apps do not claim any ownership of what their app puts out, this does not mean that ownership disputes can not become sticky with other creators or large businesses. Especially because the AI generators don’t own any rights to what is said and the AI can make mistakes, the line of copyright can become blurred.
How Copyright Law Applies To Content Generated By AI
Copyright laws were developed before AI was as prominent or used in daily life. This is why copyright problems are becoming more common as AI content becomes more consistent. AI apps and generators need information to train them and help them develop coherent responses. Photos, books, news articles, art pieces, and even social media posts can be searched and used to help the AI develop a response.
If you own the copyright to a piece of content or artwork, no one except you is allowed to create derivative works from it or sell copies of the work. This would mean that the developer of the AI would need permission or a license to copy your work, but this isn’t always the case. Even when it comes to human copying your work, the line isn’t always clear. Committing copyright infringement is a big deal, but unauthorized use will need to be judged by a legal expert.
Some factors that can impact a case of AI copyright infringement include the fair use doctrine. From the beginning of copyright law, the Supreme Court has said that the progression of science and art will fall under fair use doctrine, which is where AI replications may not be held accountable in a legal case. A use needs to have a further purpose or pose a different character than the original work.
Fair use also looks at how “creative” a work is and can adjust its protection. Books, plays, and images receive a broader range of protection, for example. During the training of AI, if the content is more informational, like facts and ideas, these will not be protected under copyright law.
Another factor that could be argued is that an AI-generated response could draw attention to the original work, thus increasing it’s profitability and overall value. While fair use looks at the damage a copy could cause to the market and the value of an original work, the use of AI may not always be seen as damaging. While most of us can see that AI is taking some value away from real artists and creators, the legal system may not have grounds to stop the AI production under this fair use factor.
What To Do If AI Has Infringed On Your IP Rights
Since courts have not been able to make a wide spread decision on training AI and fair use creative works, going after an AI generated replica of your work may be more difficult than you realize. AI typically doesn’t copy something directly, rather paraphrasing and mixing art styles together is typically how a response is generated for a user. This makes it tricky to fight an intellectual property case in a court.
If you feel that your IP rights have been infringed upon or someone has recreated your copyrighted work, it is best to meet with a legal expert as soon as possible. Having the help of a lawyer could make the process of removing the copyrighted material from online platforms, stopping sales, and protecting your future work much easier.
It is also important for creators and businesses to learn about proper licensing and copyright laws as to better protect themselves from AI copyright infringement. Obtaining proper permissions and avoiding stealing works from others during your creative process is a good place to start.
Each AI infringement case will be unique, so there really is no clear answer on what to do if you suspect someone or AI has profited off your creative work.
Legal IP Help From WW Partners
Navigating an ever-changing digital world with AI recreation and blurry copyright lines can be extremely frustrating. Our legal team understands the complexities of these cases and wants to help clients do all they can to protect their livelihood and works that belong to them. WW Partners specializes in IP law, copyright law, business law, and much more.
With experts in all of these areas, we have an upper hand when it comes to producing optimal results in your legal case. Reach out to our team as soon as possible to learn what rights you have as a creator and how we can help you fight against content generated by AI.