AI-Generated Content and Copyright: The Current State of Affairs
Introduction
Artificial Intelligence (AI) has transformed content creation, producing everything from written articles and music to artwork and code. As AI-generated content becomes more common, questions about intellectual property rights and copyright protection have arisen. This article explores briefly the legal landscape surrounding AI-generated works, looking at current regulations, court cases, and ongoing debates.
Legal Framework for Copyright Protection
Copyright law protects "original works of authorship" that show a degree of creativity. However, most legal systems, including those in the United States and the European Union, require human involvement for a work to be eligible for copyright.
A. Copyright and AI-Generated Artistic Expression
The U.S. Copyright Office has consistently ruled that works created entirely by AI are not eligible for copyright protection.
One of the most notable cases is Thaler v. Perlmutter, 687 F. Supp. 3d 140 (D.D.C. 2023), where Dr. Stephen Thaler attempted to secure a copyright for an image titled A Recent Entrance to Paradise, which was entirely created by AI. The Copyright Office rejected his claim, reaffirming that human authorship is a fundamental requirement under U.S. copyright law.
The district court upheld this decision, emphasizing that “authorship” has always been understood as human creation and remains a key principle even as copyright law evolves.
Recently, the copyright office did grant a copyright for an AI generated work called “A Single Piece of American Cheese.” The author of that work used a program known as Invoke and submitted along with the final rendering, various interim renderings showing the progression of the created image over several iterations. In that case, the copyright office attributed the work to the author because of the numerous iterations.
Another important case is Zarya of the Dawn, a graphic novel by Kristina Kashtanova. Kashtanova used the AI tool Midjourney to generate illustrations, while writing the story and arranging the panels manually. Initially, the U.S. Copyright Office granted copyright protection for both the text and images. However, in early 2023, it partially revoked the registration, ruling that while the text and arrangement of images were protected, the AI-generated illustrations themselves were not. The decision reinforced the idea that AI-generated content, without substantial human modification, does not qualify for copyright protection.
These rulings suggest that while AI-generated images alone cannot be copyrighted, human involvement—such as curation, selection, arrangement, reiterated renderings may still qualify for protection.
B. AI-Generated Music and Copyright Challenges
AI-generated music is increasingly common, with tools like OpenAI’s MuseNet and AIVA composing songs in a variety of styles. However, AI in music raises major legal and ethical concerns, particularly regarding copyright infringement and ownership.
One key issue is that AI models are typically trained on copyrighted music, yet companies developing these models may not have consistently obtained permission or paid royalties to the original creators. This has led to ongoing litigation over whether AI-generated compositions violate copyright laws.
A controversial topic is AI voice cloning. Technologies like Descript’s Overdub and Modulate’s voice synthesis tools can replicate an artist’s voice with striking accuracy, leading to questions about ownership and consent. Lawsuits are emerging over whether using an AI-generated voice that mimics an artist without permission violates copyright laws or the artist’s right to privacy.
A recent legal development addressing this issue is Tennessee’s “ElvisAct” (2024), which prohibits the unauthorized use of AI to clone an artist’s voice. Violating the law can result in criminal penalties. No similar federal law currently exists.
In 2023, a TikToker known as Ghostwriter977 created an AI-generated song using cloned voices of Drake and The Weeknd. The song gained over 9 million views before being taken down, as many listeners initially believed the artists were actually involved. Cases like this highlight the growing legal uncertainty surrounding AI-generated music.
Ongoing Debates in AI Copyright
Several key issues continue to shape discussions about AI-generated content and copyright:
1. Authorship and Ownership
- Should AI be recognized as an author, or should ownership be assigned to the developer, the user who prompted the AI, or the company that owns the model?
- Some argue that denying copyright protection for AI-generated content could discourage investment in AI-driven creativity.
2. Human Involvement in AI Works
- Courts are still determining how much human intervention is required for AI-assisted works to qualify for copyright protection.
- If an artist edits AI-generated material, at what point does it become "human-created" enough to be protected?
3. Copyright Infringement by AI
- Many generative AI models rely on copyrighted works for training without explicit permission from rights holders.
- Lawsuits against AI companies, including OpenAI and Stability AI, claim that their models unlawfully use copyrighted content, raising questions about whether training AI on copyrighted material constitutes fair use.
4. Ethical and Moral Considerations
- If AI-generated works are indistinguishable from human-created content, should copyright laws evolve to accommodate new forms of creativity?
- Some organizations propose mandatory transparency and disclosure policies for AI-generated content to ensure ethical use.
Conclusion
The intersection of AI and copyright law is evolving. On the one hand, the technology is advancing at break-neck speed. Evolving at a much slower pace is the legal framework that prioritizes human authorship. Future legal decisions and policy updates will play a crucial role in defining intellectual property rights in the AIera. As AI technology advances, the law must find a balance between fostering innovation and protecting human creativity.
If you have questions regarding AI and copyright protection, please contact any of the attorneys at our firm for assistance.
