The emergence of AI as a legitimate art creator has the potential to threaten the livelihoods of artists around the world in different mediums, such as painters, musicians, and screenwriters. If you’re interested in creating AI content or if your field has been affected by the emergence of AI, you’re likely concerned about the legal questions it poses. Who owns the rights to AI-generated content is not an easy question to answer, but intellectual property lawyers and copyright officers can provide guidance on the matter.
What Is AI, and What Content Is It Generating?
AI is an abbreviated term for “artificial intelligence.” For the longest time, AI was a science fiction idea that was deemed impossible by authors like Ray Bradbury, Philip K. Dick, and Isaac Asimov.
Popular films like The Terminator and The Matrix have showcased AI as a potentially harmful threat to humanity’s very existence. Thankfully, the real-life emergence of AI has not been nearly that dramatic. Instead, it has been more akin to a subtle takeover that currently exists almost entirely in the realm of content creation.
AI-generated content exists everywhere, some of it indistinguishable from human-created works. Very recently, the 2023 Writers Guild of America (WGA) strike that occurred in Los Angeles began largely as a result of major Hollywood studios choosing to use AI tools like ChatGPT to develop entire movie and television scripts, thereby cutting screenwriters out of the creative process of movie making.
There have no doubt already been films made from an AI-generated screenplay, and most people are likely unable to immediately tell the difference.
The Copyright Office’s Stance: Who Owns the Rights to AI-Generated Content?
Technically, no one owns the rights to AI-generated content. The official stance of the U.S. Copyright Office is currently that non-human creators cannot be credited as authors for any existing work. Others argue that if AI is showing true autonomy by creating this art, then it should be credited for the work it has made.
Currently, no copyright can be registered for content created by AI. This means that no one can sue or be sued due to the copyright infringement of AI-generated content because it wasn’t created by a human being. However, if a human being also played a significant role in creating the content, they could be considered its owner and file for copyright. In some cases, legal action has been taken against AI generators that use copyrighted images in their databases.
The implications of an AI showing autonomy in any way are far too staggering to be considered a remote possibility at this point in time. However, AI continues to be present in daily life in ways we may not even be fully aware of yet, particularly when it comes to content creation and those who are able to claim ownership.
New Developments in AI and Copyright Law
Amazon.com is requiring its self-published authors to disclose any AI-generated content in their books and novels as a first step toward moving away from selling AI-generated books on their website.
A court in Washington D.C. recently ruled that art created entirely by AI without any input by a human being cannot be copyrighted under current U.S. law.
In truth, current laws have not yet caught up with these new trends caused by artificial intelligence. Things are progressing so quickly that more questions are arising long before the answers to questions about artificial intelligence can be adequately addressed.
FAQs
Q: Is AI-Generated Content Copyright Free?
A: At the moment, thanks largely to outdated copyright laws and an emerging understanding of what AI is truly capable of, AI-generated content is copyright-free. The U.S. Copyright Office determined that for content to be copyrighted, it has to be made at least partially by a human being. Since AI is not a physical living being, it cannot hold an official copyright for any work it may have created without human input.
Q: Do I Own My AI-Generated Art?
A: You do not own your AI-generated art. If art is created solely by an AI, nobody can own the rights to it as of 2024. The human creator of the AI that generated the art cannot hold copyright, as they technically did not create the art in question. However, you can hold the copyright if your work is AI-assisted. In this case, you still created the art but with the assistance of an AI.
Q: Who Owns Generative AI Images?
A: In the United States, copyright law is very clear that nobody can own images generated by an AI. A copyright needs some human input to be considered valid. AI is not human, so it cannot hold a copyright. This law may change in the near future as AI continues to grow and create more art. The law has not yet caught up to the current state of the world, where machines are capable of creating art all on their own.
Q: Do AI-Generated Works Infringe Copyright?
A: AI-generated works could infringe on copyright if they involve human input. Using an AI to alter any copyrighted materials could possibly count as copyright or trademark infringement, which opens up the user to potential legal action. In any case, you must receive permission from the original copyright owner before attempting to alter that work in any way, including through the use of an AI. This also applies to work that is comparative to the copyrighted work in question.
Contact The Myers Law Group With Your Questions About AI and Copyright
AI is slowly altering the world looks at content and art. The current copyright laws appear to be unable to grasp content generated by an AI, which opens up the door to so many other questions about content legalities and ownership.
The Myers Law Group has a wealth of experience in dealing with copyright law, trademark infringement, and other intellectual property disputes. We can help you answer any questions you may have about AI and its place in content creation. In addition, we can provide you with guidance about your own copyright and trademark claims, whatever they may be. Contact us to schedule a consultation today. Together, we can secure your intellectual property rights.