How AI is Changing the Rules for Copyrighted Works

I. Introduction

At Lum Law Group, we’re passionate about protecting creativity. For years, we’ve helped creators, artists, and businesses safeguard their intellectual property, and now, we’re tackling one of the biggest disruptors yet: artificial intelligence (AI).

You’ve probably seen the buzz around AI-generated art, music, and even entire books. But with this explosion of creativity comes one big question… Who owns work created by or with AI?

Whether you’re an artist experimenting with AI tools or a marketer using AI to create content, understanding how these creations fit into copyright law is critical. Let’s break it down.

II. What is AI-Generated Content?

AI tools like ChatGPT, DALL·E, and Midjourney are transforming the creative world. But what exactly is AI-generated content, and how is it different from AI-assisted content?

• AI-Generated Content refers to works created entirely by AI, like a digital painting you prompt DALL·E to produce.
• AI-Assisted Content involves a human working alongside AI—for example, a writer fine-tuning an article drafted by ChatGPT.

These tools are rapidly gaining traction in industries like advertising, film, music, and design, but they’re also raising new legal questions that creators can’t afford to ignore.

III. Current U.S. Copyright Law: Still Human-Centric

Here’s the bottom line: under current U.S. copyright law, AI isn’t recognized as a “creator.”

• Copyright protects “original works of authorship” created by humans.
• The U.S. Copyright Office has stated that if there’s no human authorship, there’s no copyright protection.

Case Example: The Zarya of the Dawn graphic novel hit headlines after the Copyright Office ruled that while the story written by a human was protected, the AI-generated artwork was not.

For creators using AI, this raises critical questions about ownership and protection.

IV. Copyright Challenges Posed by AI

AI isn’t just a creative tool; it’s also stirring up legal headaches. Here are the major areas of concern for anyone using generative AI tools.

• Who Owns It? If an AI creates something based on your input, do you still own it?
• Is It Fair Use? AI models are trained on massive datasets that often include copyrighted works. Does this violate copyright law?
• Derivative Works: Can AI-created works be considered knock-offs of the original materials they were trained on?
• Authorship Dilemma: How do courts decide whether AI was simply a tool or a co-creator?

These questions aren’t theoretical; they’re being debated in courts and creative industries right now.

V. Legal Battles & Global Developments

Recent court cases and legal updates are shaping the future of copyright in the age of AI.

• Andersen v. Stability AI & Getty Images Lawsuit: Creators are taking AI companies to court over alleged misuse of copyrighted material during AI training.
• U.S. Copyright Office Guidance: Their March 2023 update reinforced the human authorship requirement.
• Global Trends: Europe’s AI Act and the UK’s copyright reforms are adding more complexity for international creators and businesses.

These developments highlight the need for creators to stay informed and proactive.

VI. What Does This Mean for You?

Whether you’re an artist, freelancer, or marketer using AI for business, these legal shifts could impact your work.

Here’s why it matters, especially for businesses and creators in California:

• For Creators: Using AI tools might complicate your ability to protect your work.
• For Businesses: Generative AI in marketing or branding raises risks if elements infringe on copyrights.
• For All: Clear contracts and licensing agreements are more important than ever to establish ownership and usage rights.

VII. Best Practices for Navigating Copyright with AI

Navigating these murky waters can be daunting, but there are steps you can take to protect yourself.

• Document Your Process: Clearly record your contributions when collaborating with AI.
• Use AI Responsibly: Research the licensing terms of the AI tool you’re using to avoid legal pitfalls.
• Seek Legal Counsel: Consult an intellectual property lawyer before commercializing AI-assisted works.
• Create Clear Contracts: Spell out who owns what in agreements with collaborators, clients, or platforms.

VIII. How Lum Law Group Can Help

At Lum Law Group, we specialize in helping creators and businesses protect what they build. Here’s how we can support you as AI reshapes the creative and legal landscape.

• Copyright Registration: Secure the rights to your original works, even if they involve AI.
• Legal Advice for Businesses: Develop IP strategies that harness AI while avoiding risks.
• Contracts & Licensing: Craft airtight agreements for creations that involve AI tools.
• Litigation & Defense: If your rights are infringed, we’ll fight for you.

With AI blurring the lines, you need more than legal support; you need a dedicated partner.

IX. Conclusions & Next Steps

AI is revolutionizing creativity, and with that comes incredible opportunities—but also complex challenges.

Understanding how copyright applies to AI-generated or AI-assisted works is crucial for protecting your hard work and making informed decisions.

Don’t leave your creations to chance. Contact Lum Law Group for a consultation today, and secure your creative future in the age of AI.