Copyright is a form of protection given to creators for their unique expressions, such as books, music, and art. Essentially, it protects hours of hard work. However, not everything can be copyrighted. Simple lists, ingredients, instructions, and ideas aren’t protected under copyright laws. For instance, while specific complex recipes can be copyrighted, a simple list of ingredients and basic cooking steps can’t be.
The Shift to AI and Copyright Challenges
As technology evolves, particularly with artificial intelligence, new challenges have sprouted up in copyright law. AI can generate text, artwork, and other creative works, raising questions about who holds ownership if anyone.
According to recent guidelines from the US Copyright Office, AI-generated works are not eligible for copyright unless there is significant human intervention that adds a layer of creativity or original expression.
AI and Non-Copyrightable Content
AI’s role in creating content has struck an aspect of copyright law: the non-copyrightability of certain types of content. This includes basic data like sports statistics, cooking instructions, and lists of ingredients. These elements don’t meet the threshold for copyright because they lack the required level of creativity or original expression.
Real-World Implications for AI Creations
The current legal stance is that AI-generated works that don’t involve significant human input are considered public domain. This means anyone can use these AI creations without violating copyright laws. For example, AI-generated images or text prompts used without further human modification fall outside the scope of copyright protection.
For example, if you prompt Midjourney or AkzisAI to create a red apple like below…
Now that’s in the public domain and anyone can use it. It’s a red apple. Nothing special or different or unique or creative about it. Just a slightly stylized red apple. Not even Disney could copyright that!
But, if you write a complicated, in-depth prompt that conveys a specialized style which results in a unique version of the apple – one you couldn’t find on Google Images, you just created a unique and complex piece of AI-assisted art. The images below, for example, could arguably all be copyrighted.
The Future of AI and Copyright Law
Looking ahead, the legal landscape regarding AI and copyright will evolve. Laws always take years to catch up to new advancements and technologies. As AI technology becomes more sophisticated and integrated into creative processes, copyright offices and legislators will adapt. They may not always get it right initially, but that’s how our world works.
It’s likely we’ll need to consider new definitions of authorship and creativity to address the unique challenges posed by AI.
Navigating Copyright with AI
For creators using AI, you can only secure copyright protection, by significantly altering or enhancing AI-generated works to reflect your personal creativity and be prepared to prove it in court! Just using an AI tool to generate content without infusing additional creative input doesn’t qualify for copyright.
9 Key Points to Know About Copyright and AI
- Know What Can Be Copyrighted
- Copyright law only protects original works of authorship that involve a significant amount of creativity and expression.
- Simple lists, basic instructions, and factual compilations don’t qualify for copyright protection regardless of what some influencer said on TikTok.
- About AI-Generated Content
- Content generated solely by AI, without human creative input, isn’t eligible for copyright under current laws.
- Guidelines from copyright offices around the world regarding AI-generated works are updated regularly so check back often.
- If You Enhance AI Creations
- You must add significant original contributions to AI generated content when using AI tools to create content to qualify for copyright protection. This could involve rewriting, editing, or incorporating unique design elements.
- Document your creative process to establish evidence of your contributions.
- Check Copyright Expirations
- Stay informed about when copyrights expire and what content enters the public domain, especially if using older works as inspiration or starting points for new creations.
- Modify Public Domain Content Appropriately
- When using public domain works, you must make sufficient (and rather considerable) modifications to qualify for new copyright protection. This can include adding commentary, illustrations, or other substantive changes.
- Use Copyright Notices and Registrations
- Place copyright notices on your work to inform others of your rights.
- Consider registering your copyrights with the appropriate governmental body to provide an official record of your ownership. This is helpful to enforce your copyright and in litigation.
- Monitor AI Developments and Legal Changes
- Keep track of technological advancements in AI and corresponding shifts in copyright law because they happen frequently and can change everything overnight.
- Participate in discussions or submit comments during public inquiries by copyright offices to influence policy that affects AI and creative works.
- Stay adaptable and informed as copyright rules involving AI are likely to evolve given the rapid pace of technological change and the increasing use of AI in creative processes.
- Respect Others’ Copyrights in AI Applications
- Ensure that AI tools you use are not infringing on the copyrights of others, especially when the tools are trained on datasets that may include copyrighted material.
- Understand the Limits of AI Ownership
- Recognize that owning an AI system or tool doesn’t automatically grant copyright over its outputs. This varies by tool so check that fine print!
- Clear guidelines should dictate how outputs can be used commercially or shared.
Conclusion
As AI continues to advance, changes in copyright law will advance as well. These legal issues don’t just impact creators and users but the overall population as well from schools, students, and start-ups.
