Can AI Content Be Copyrighted?

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In the most recent months, artificial intelligence (AI) has become quite a hot topic. Generally, AI is technology exhibited by computer systems and machines that simulate tasks typically associated with human intelligence and problem-solving capabilities. In turn, AI-generated content is written material (i.e., articles, social media posts, etc). or imagery (i.e., artworks, videos, audio, etc). created using AI software or tools. While the benefit of this is an automated and streamlined content creation process, content creators must be wary of whether this approach still allows for copyright protections. Read on to discover whether AI content can be copyrighted and how a seasoned New Jersey copyright lawyer at The Ingber Law Firm can help you navigate this new technology.

Is it possible for AI content to be copyrighted?

The short answer is, no, content and any other works generated solely by AI cannot be copyrighted according to the United States Copyright Law. The simple explanation is that a human creator must always be involved in the creative process for a work to be copyrighted. Therefore, AI-generated work is not considered a human creator’s work.

How might AI impact creators?

If you experience a creative block, it is understandable if you turn to AI software or tools to get your ideas flowing. But once this inspiration strikes, it may be in your best interest to rely solely on yourself for the rest of the creative process. This is because the last thing you may want is to make yourself vulnerable to a copyright infringement accusation. That is, there have been instances in which AI companies have been sued for illegally using copyrighted works to train their AI software and tools to spew out certain content. So, you do not want to find yourself stuck in this line of fire.

This is to say, if you decide to dabble in AI software or tools to help develop your creative content, you must carefully consider the company’s terms of service, licensing agreements, and other legal conditions. Importantly, this due diligence must be done before your creative work goes public. This is because such legal conditions may confirm whether or not the content you created with it can be used commercially. In other words, whether or not doing so is a case of copyright infringement.

There is the fair use law, which may allow the use of copyrighted material without needing the owner’s permission. However, this may only apply under certain circumstances. So you can never be too certain before proceeding any further.

Understandably so, AI is a new concept that is difficult to grasp for anyone at first. But there is no better time to better understand it than now. So please pick up the phone and call a competent Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm. We look forward to hearing from you.