Intellectual property rights in artificial intelligence-created content

Intellectual property rights in artificial intelligence-created content

Artificial Intelligence and Copyright Law: A Changing Landscape

In the rapidly evolving world of technology, the intersection of artificial intelligence (AI) and copyright law is becoming increasingly significant. Let's explore how the USA and the UK are navigating this complex territory.

In the USA, AI-generated content without human authorship is not protected by copyright law. The U.S. Copyright Office (USCO) has reaffirmed this stance, stating that works created solely by artificial intelligence, even when generated from human prompts, lack copyright protection. However, using copyrighted materials for training AI models falls into a legal gray area, largely governed by the fair use doctrine [1]. Ongoing lawsuits may influence this landscape.

On the other hand, the legal situation in the UK is still evolving. The Data (Use and Access) Act (DUA Act), which became law in June 2025, reforms aspects of data use and indirectly relates to AI training data. Notably, the UK government has considered expanding the "text and data mining" exceptions to copyright to facilitate AI training, but faced pushback from content creators who want stronger protections [4]. Thus, while training AI on copyrighted material might be allowed under specific exceptions, outright copyright protection for AI-generated works without human authorship is not established.

The ease and speed with which AI-generated works can be created means that there may soon be more copyright-protected creations in circulation than ever in human history. This raises questions about the originality required for human authorship in computer-generated works, a pressing question that creative industries are grappling with [5].

A new AI Intellectual Property Right for composers, authors, and artists is proposed as a response to the advancements in AI technology. However, some legal theorists advocate for placing AI-generated outputs in the public domain to prevent the proliferation of private rights in such voluminous output from stifling innovation [6].

The use of technology to create art, such as AI systems like Midjourney, ChatGPT, and Dall-E, has sparked legal and cultural debates, similar to past debates about photography and interactive computer games. The line drawn between computer-generated and computer-assisted work in the UK is unclear, and different interpretations mean authorship could conceivably rest with the company or programmers who designed the AI system [7].

As we move forward, it's crucial to strike a balance between protecting the rights of creators and fostering innovation in AI technology. The co-location of the Creative Industries with other industrial strategy priority sectors is a topic of exploration, as is the festival economy of the Mahakumbh Mela, India, which, in 2025, was estimated to be worth GBP 280 billion in trade [8].

References:

1. AI and Copyright Law: An Overview
2. The Copyright Implications of AI-Generated Content
3. US Copyright Office Clarifies AI-Generated Content Not Eligible for Copyright Protection
4. UK Government's Proposed Text and Data Mining Exceptions
5. The Equity Gap in Britain's Creative Industries
6. The Public Domain and AI-Generated Content
7. The Role of Class Inequalities in Film Funding
8. The Festival Economy of the Mahakumbh Mela, India
9. The rapidly evolving technology, particularly artificial intelligence, has led to a significant intersection with copyright law, creating a changing landscape.
10. In the USA, AI-generated content without human authorship is not protected by copyright law, but using copyrighted materials for AI training is governed by the fair use doctrine.
11. The Data (Use and Access) Act in the UK indirectly relates to AI training data, and the government has considered expanding exceptions for text and data mining, but faces pushback from content creators.
12. The increasing creation of AI-generated works raises questions about the originality required for human authorship, a pressing issue the creative industries are tackling.
13. A new AI Intellectual Property Right is proposed to address advancements in AI technology, while some legal theorists argue for placing AI-generated outputs in the public domain.
14. The use of technology in creating art, such as AI systems like Midjourney, ChatGPT, and Dall-E, sparks debates similar to past debates about photography and interactive computer games.
15. To balance the rights of creators and foster innovation in AI technology, it's crucial to explore the co-location of the Creative Industries with other industrial strategy priority sectors.
16. The festival economy of the Mahakumbh Mela, India, worth GBP 280 billion in 2025, is also a topic of examination, along with the role of skills, education, technology, culture, heritage, economy, data, policy, research, and strategy in shaping these evolving industries.

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