IP Rights of AI-Generated Work
These days, artists, writers, and creators are using AI tools to help make everything from songs to code to digital art. But once you hit “generate,” who actually owns what comes out? That’s where things get tricky, and why it’s so important to understand the IP rights of AI-generated work.
With tools like Midjourney, ChatGPT, and Suno reshaping how people create, questions around ownership, licensing, and legal protection are more relevant than ever. Even governments and legal experts are debating these issues, check out the U.S. Copyright Office’s guidance and the World Economic Forum’s recent analysis on AI and copyright law.
This guide walks you through five straightforward steps to figure out who owns what, so you can protect your work, avoid legal headaches, and stay in control of what you create in the AI age.
5 Steps to Determine who Owns IP Rights of AI-Generated Work
1: Understand the Basics of Intellectual Property
Intellectual property refers to the legal rights that protect creations of the mind, such as inventions, artistic works, and literary pieces. There are several types of IP rights, including patents, trademarks, and copyrights. Each type of IP right provides a different level of protection for your work, so it’s important to understand which applies to your AI-generated creation.
2: Know the Creator of the AI Tool
To determine who owns the IP rights of AI-generated work, you must first understand who created the AI tool. If you created the AI tool yourself, you would own the IP rights to that tool. However, if you used a pre-existing AI tool, such as a machine learning algorithm or a neural network, the creator of that tool would likely hold the IP rights.
3: Analyze the AI Tool’s Terms of Use
It’s essential to carefully review the terms of use of the AI tool you used to create your work. These terms may include clauses that outline who owns the IP rights to the creations made using the tool. For instance, some AI tools may include provisions that grant the tool creator the IP rights to all works created with the tool. Other AI tools may grant a license to use the tool for a limited time, after which the IP rights to the creations revert to the creator.
4: Consider the Involvement of Human Input
In some cases, an AI-generated work may have required some level of human input or guidance. For example, a human may have provided initial instructions or made adjustments to the output of the AI tool. In such cases, the human’s contribution may be significant enough to qualify them as a co-author or co-creator of the work. In this case, the IP rights to the work would be shared between the human and the creator of the AI tool.
Step 5: Seek Legal
Finally, If the IP rights of AI-generated work you or a possible infringer “created” has you still unsure, it’s best to seek legal advice from an experienced intellectual property lawyer. They can help you navigate the complexities of IP law and determine the best course of action for protecting your work.
In the end, determining the IP rights of AI-generated works can be a complex issue that requires careful analysis of the AI tool’s terms of use, the involvement of human input, and other relevant factors. By understanding the basics of intellectual property and seeking legal advice when necessary, you can protect your rights as a creator and ensure that your AI-generated work receives the appropriate level of legal protection.
Need help clarifying the IP rights of AI-generated work you’ve created or used?
Book a consultation with Zamani Thomas Legal to get expert guidance on protecting your creations, navigating AI tool licenses, and securing your rights in this evolving legal landscape.