AI and copyright: who owns what AI creates?
Under French and European law, copyright-protectable works require original human creation: content generated solely by AI is not, in principle, protected by copyright. Upstream, using works to train models falls under the text and data mining exception, with a right of opt-out for rights holders. Litigation is ongoing in several countries.
Under French and European law, copyright protection requires original human creation, bearing the imprint of the author's personality. Content generated solely by AI, without characterized human creative input, is in principle not protectable by copyright. Upstream, the use of works to train models falls under the text and data mining exception, subject to a right to object by rights holders. Several lawsuits are ongoing worldwide, and the framework continues to evolve.
The condition for a protectable work
Copyright protects original creations resulting from human creative choice. Originality, understood as the imprint of the author's personality, is the key. A result automatically produced by a machine, without human creative intervention, does not meet this condition.
The role of human input
When a person uses AI as a tool, directing substantial creative choices, the question of protection of the human part may arise. The boundary depends on the reality and importance of the human creative input, assessed on a case-by-case basis. A simple prompt is not enough; characterized creative work may change the analysis.
Training models
Training a model on protected works involves the text and data mining exception provided for by European law. This exception applies subject to conditions, and rights holders may object, particularly for uses other than scientific research. The AI regulation also imposes on providers of general-purpose models obligations of transparency regarding training content and respect for copyright.
A developing area of law
Numerous disputes oppose rights holders to AI providers over the use of works for training. Decisions vary by country and situation. The framework remains fluid, which calls for following legal developments.
Frequently Asked Questions
Do I own an AI-generated image?
Copyright protection requires characterized human creative input. Purely generated content is in principle not protected.
Can I freely use generated content?
The service's terms of use and any third-party rights apply. Check the service license.
Can rights holders oppose training?
A right to object exists within the framework of the text and data mining exception, outside scientific research.
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