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Generative AI and Copyright

Artificial Intelligence Law

Generative artificial intelligence technologies have brought about a major transformation in the creative industries, thanks to their ability to produce different types of content, such as text, images, music, video, designs and software code, in a short time.

ChatGPT, image generation tools and AI-assisted software development systems speed up businesses’ production processes, but at the same time they raise new legal issues in terms of copyright.

Who owns content created by artificial intelligence, whether such content can be used commercially, whether the data used in training amounts to copyright infringement, and what legal liability may arise from the resulting products have become some of the most important topics of debate in intellectual property law today.

What Is Generative AI?

Generative AI refers to artificial intelligence systems that can create new content on the basis of patterns learned from existing data sets.

These systems can interpret the prompts given by the user and create new outputs such as text, images, audio, video or software code.

Unlike traditional software, generative AI does not simply carry out predefined commands; it produces new content on the basis of the models it has learned.

Copyright law is based on human creativity and the personal contribution of the author. For this reason, the most important legal question regarding content created by generative AI is who will hold the rights in the resulting product.

The general approach in current copyright systems is that artificial intelligence is not recognised as an author in its own right. However, the guidance, choices, edits and the extent of creative contribution made by the person using the AI may lead to different legal assessments.

For this reason, it is not possible to say automatically and definitively, for every piece of content created with AI, that “there is copyright” or “there is no copyright”.

Generative AI models are trained using large amounts of data. Books, images, online content, software code or other creative works may be used in these training processes.

This gives rise to significant debate as to whether the permission of the right holders is required for works used to train AI systems.

Artists, writers, software developers and content creators in particular are questioning whether their rights are infringed when their works are used to develop AI models.

Input and Output: The Key Distinction in AI Law

When assessing generative AI and copyright, two different stages need to be distinguished.

At the first stage, the input stage, the data used for the AI system to learn, and the legal status of that data, are assessed.

At the second stage, the output stage, the legal nature of the new content created by the AI, the right to use it and any possible copyright issues are examined.

The legal status of the works used to train an AI system and the ownership of the new content it produces are not subject to the same legal assessment.

AI-assisted text generation is one of the most common uses today. However, whether a text created solely by artificial intelligence can benefit from copyright protection should be assessed according to the level of human contribution.

From a legal point of view, there is a difference between content produced when the user simply gives a basic prompt and a text that has been planned, edited, made original and developed with creative contributions.

Especially for content used for commercial purposes, keeping a record of how it was produced may be important in disputes that may arise in the future.

Images and Designs Created with AI

Midjourney, DALL-E and similar image generation tools have brought significant changes to design processes.

However, there are various legal risks in the commercial use of logos, advertising visuals, product designs or works of art created with AI.

In particular, the nature of the prompts used, the extent of human contribution, the originality of the resulting image and any similarity to the works of third parties should be assessed.

AI-assisted software development tools make software production considerably easier.

However, code generated by AI needs to be examined carefully with regard to copyright, open-source licences, the use of code fragments belonging to third parties and permissions for commercial use.

In a software product a company develops with the help of AI, it may be important which parts were created through human contribution and what the licence terms of the tools used are.

Risks of Generative AI Use for Companies

When using generative AI tools, companies need to pay attention not only to the efficiency gains but also to intellectual property risks.

It should be assessed whether content created by employees with AI tools belongs to the company, whether trade secrets have been entered into the system and whether the content used infringes the rights of third parties.

It is especially important to set up policies on the use of generative AI in the advertising, media, software, design and publishing sectors.

Commercial Use of AI-Generated Content

When a business uses content created with AI in its commercial activities, this should be assessed separately in terms of the right of use and liability.

The fact that content can be created free of charge does not always mean that it comes with an unlimited right of use.

The terms of use, licence provisions and content policies of the AI tool used should always be examined.

Measures to Protect Intellectual Property Rights

Individuals and companies using generative AI need to put certain processes in place in order to reduce legal risks.

Preparing AI use policies, setting limits on employees’ use, reviewing the licence terms of the tools used and keeping a record of creative contributions are important parts of these processes.

Especially for content with high commercial value, documenting the production process can provide a significant advantage in possible copyright disputes.

As AI technologies develop, copyright law is facing new questions. The traditional understanding of authorship is being reconsidered in a new era in which human and machine creative processes are intertwined.

In the coming period, the protection of content created by artificial intelligence, the use of training data and the protection of creative work will remain among the most important topics of debate in legal systems.

For this reason, companies and content creators need to see artificial intelligence not only as a production tool but also as a technology with legal consequences.

Generative AI technologies offer great opportunities, but they also bring new legal responsibilities.

It is important for individuals and companies that use artificial intelligence in content production, software development, brand management or commercial activities to assess their copyright risks in advance.

The right legal approach creates a balanced and secure space for use between technological innovation and intellectual property rights.

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