If you have started using AI as a new tool to create artwork, it may transpire that you may not actually own the copyright to the artwork.
The nature of copyright, authorship, and originality means works not created by you may mean that you miss out on owning the copyright.
For copyright to arise, the content must be the creators own original idea. Traditionally, the creator of an artwork will own the copyright, but with AI generated artwork several questions have been raised over originality and who the creator of the artwork is: the AI, the artist, or the creator of the AI. The UK government has recently sought to resolve the increasing questions and uncertainty over copyright on AI generated artwork.
Currently, AI artwork receives copyright protection in England and Wales, pursuant to sections 9 and 178 of the UK Copyright, Designs and Patent Act of 1988. This copyright protection only lasts 50 years from the date it was created, instead of the 70 years protection received by human created works.
For you to possess the copyrights of AI generated artwork, the work must express original human creativity and you must have some input in its creation. Furthermore, AI has the potential to generate intellectual property infringing content. This means that you could potentially not own the copyright and put you at risk if you proceed to make copies and distribute the images without a license.
Getting legal advice is an important step in helping understand your legal position. We can provide specialist advice on most intellectual property matters through reviewing contracts, and any intellectual property that you may be unsure that you own the rights to.We can also advise you on extra steps that you can take to protect you, and your work from any future infringement.
