With the use of artificial intelligence increasing rapidly, it raises many questions in the legal world of intellectual property. Does AI generated work have copyright protection? Who owns the work? Does it infringe on others?

While there have been lawsuits surrounding the issue, the courts and the United States Patent and Trademark Office (USPTO) have not had much of an opportunity to tackle the issue of whether legislation is needed to clarify the Copyright Act to include language surrounding generative AI.

Currently under the Copyright Act, protection applies only to works created by human beings. With AI being able to create many different things such as code, images, and even entire websites, questions around AI being used to create copyrightable work is becoming a big question that needs to be answered. As of now, the courts have not decided whether AI authored works will be entitled to this protection nor have they determined how much human intervention is enough. Over time, as knowledge and understanding of how AI works increases, the laws surrounding the use of this generated material may change, but for now it is most important to consider whether the work has the required human authorship. This is also a question that Congress may someday have to answer in order to provide clarity on what is deemed copyrightable. Until then, we will have to wait and see how the courts across the country rule on the use of AI to create copyrightable material.

For a more detailed explanation of where this issue stands, visit Generative Artificial Intelligence and Copyright Law. Every situation is different, so be sure to consult an attorney if you have any questions about moving forward with obtaining copyright protection for your AI generated work.

For assistance with your small business’s legal needs, contact the Elon Law Small Business Clinic at businessclinic@elon.edu.

 

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