Artificial intelligence (AI) has ushered in yet another wave of technological change, and with it come opportunities and concerns, particularly in terms of intellectual property ownership and U.S. copyright law.While it’s nearly certain laws will evolve as technology continues to become even more sophisticated, here’s what we know now about content ownership and copyright protections for AI-generated works.
Ownership versus Copyright Protection
Using any type of AI-generated content requires you to tread lightly, as it comes with many grey areas.
In general, for now, and depending on the AI tool you use, the user (you) maintains at least some degree of ownership over the content created by the AI tool (depending on the tool, of course). For example, OpenAI’s Terms of Use regarding ownership of content states:
“As between you and OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.”
While this may mean you can use the content created by an OpenAI tool, it in no way gives you legal copyright protection. Said another way, you may be able to publish AI-generated content on your website, but anyone can steal it without repercussions.
If you want to protect your content against theft, you need to be able to copyright your work. The only way you can do that is by having a human create it. Full stop.
Creating Content in an AI World
If this has left your head spinning (it certainly has ours!), you may be wondering what’s next. AI is part of our world, so how can we coexist?
Like any tool, AI software needs to be wielded carefully and for the right purpose. There is certainly a time and place for AI assistance. It can speed up brainstorming or help you break out of a mental block, but leaning solely on generative AI can carry serious risks for your business and brand.
As you work to balance business growth with creative marketing efforts, turn to us at The Found Gen. We deliver the human touch in an AI world so you can build relationships, trust and loyalty with your audience.