AI and Copyrights: Who Owns What When Machines Create Art?

Advances in artificial intelligence (AI) have opened up new possibilities for how we can make creative works. From stunning visual masterpieces created by machine learning algorithms to unfinished works, AI has great potential for many reasons.

However, as AI-generated art rises in popularity, a pressing legal question lingers in the air: Who owns the rights to this art — if anyone?

Emerson Thomson Bennett will explore the current copyright landscape surrounding AI-generated art, what it means for artists, businesses, and entrepreneurs, and how legal guidance from our intellectual property attorneys can guide you through these complex issues.

Current Legal Landscape: AI and Copyrights

Traditional copyright laws are built on core principles of human authorship and originality. To qualify for copyright protection, a work must be created by a human with some level of personal intellectual creativity. This ensures a unique expression of ideas. AI-generated work, however, breaks this mold, as the creative input comes from an algorithm rather than a human.

The U.S. Copyright Office’s Stance

The U.S. Copyright Office has made it explicitly clear via numerous rulings that works created entirely by AI fall short of the essential human authorship requirement and are, therefore, ineligible for copyright. For example:

• 2018: Dr. Steven Thaler’s AI-generated piece, A Recent Entrance to Paradise, was denied copyright registration because there was no identifiable human author. 
• 2023: The case of Kris Kashtanova’s Zarya of the Dawn demonstrated a nuanced approach. While the U.S. Copyright Office initially denied copyright for the AI-generated images within the graphic novel, the human-authored text and storytelling were still deemed eligible for protection.

The distinction is clear — while humans can claim copyright for any direct creative input, AI-generated content without substantial human authorship lacks legal protection.

Why AI-Generated Art Often Falls Into the Public Domain

Since AI-generated creations lack human authorship, they default to the public domain. This means virtually anyone — whether an independent artist or a multinational corporation — can use, adapt, or distribute AI-generated art without violating copyright law.

Why Prompts Don’t Equal Ownership

While users of AI tools may provide prompts, inputs, or guidelines, they don’t actually create the work themselves. Instead, the algorithm interprets the input and generates the final output. Legally speaking, this process doesn’t meet the threshold of human creativity required by copyright law.

Take, for example, users of tools like DALL-E or MidJourney. These platforms allow users to describe concepts that algorithms then turn into visual outputs. But courts and copyright bodies emphasize that simply inputting prompts doesn’t qualify as creative authorship.

The Risks and Implications of Public Domain Placement

Since AI-generated art often falls into the public domain, it is technically free for anyone to use. However, this isn’t without risks. One potential complication is that some AIs are trained using copyrighted materials. This raises ethical and legal concerns, as the generated art may unintentionally echo copyrighted works. Creators need to be cautious to ensure their use of AI-generated content doesn’t lead to accusations of copyright infringement.

Implications for Businesses, Artists, and Entrepreneurs

For businesses using AI-generated art in branding, marketing, or other commercial settings, the lack of copyright protection presents both opportunities and risks. On one hand, public domain placement means you’re free to use AI art without worrying about licensing or fees. On the other hand, the lack of protection means competitors could also use the same assets, diluting your unique branding efforts. 

Additionally, if an AI tool inadvertently incorporates copyrighted elements into its output, your business may face legal liability for infringement.

Best Practices to Avoid Legal Pitfalls

Here are steps businesses, artists, and entrepreneurs can take to minimize risks when using AI-generated art:

1. Check AI Tool Training Data: Choose AI tools that are transparent about their training datasets to avoid unintentionally using art derived from copyrighted works.
2. Blend AI with Human Input: Incorporate human creativity into your work, such as overlaying hand-drawn elements on AI-generated images. This allows parts of the work to meet copyright eligibility.
3. Use AI as a Starting Point: Treat AI-generated art as a foundation for inspiration rather than the finished product. Modify outputs significantly to introduce originality and human authorship.
4. Work with Legal Guidance: Consult with our intellectual property professionals, particularly when using AI-generated assets for commercial purposes, to ensure compliance with copyright laws.

What AI and Copyright Laws Mean for You

The interplay between AI and copyright law is challenging yet fascinating. On one hand, AI opens new doors for creativity and efficiency. On the other hand, its inability to generate content eligible for copyright protection raises significant questions for businesses and creators.

Understanding these nuances is crucial, whether you’re a small business owner exploring new branding strategies or an artist experimenting with AI as a creative tool. Knowing what’s legally permissible can save you from financial and reputational risks down the line.

If you’re looking to protect your work, avoid legal pitfalls, or simply get clarity on AI and intellectual property, the attorneys at Emerson Thomson Bennett are here to help. Contact us today to schedule a consultation.