Does Copyright Apply to Work Created Using AI (Artificial Intelligence)?

Last updated 7th march 2024

The rules and laws on how copyright applies to AI generated content is changing quickly.  Protect My Work will keep this page as up-to-date as possible when new information and rulings are announced.

Work that has been created with the help of AI tools such as ChatGPT can be protected by copyright but there are some important details that should be understood. 

When it comes to AI generated content, it's been ruled in the UK that "what is required is that the author was able to express their creative abilities in the production of the work by making free and creative choices so as to stamp the work created with their personal touch" (https://copyrightliteracy.org/2024/01/12/thj-v-sheridan-a-new-era-for-copyright-in-uk-cultural-institutions/).

In the US it seems the ruling is similar in that, "On the other hand, a work containing AI-generated material may be copyrightable where there is sufficient human authorship, such as when a human selects or arranges AI-generated material in a creative way or modifies material originally generated by AI technology. Ultimately, copyright protection will depend on whether the AI’s contributions are “the result of mechanical reproduction,” or they reflect the author’s “own mental conception,” the Copyright Office said. “The answer will depend on the circumstances, particularly how the AI tool operates and how it was used to create the final work.”

In the EU, to date, there has been little or no significant changes to legislation or landmark cases, but we expect a similar position to the US and UK.

Overall, if AI is used to generate content but adapted by the author expressing their own individuality and creativity, then copyright does apply.

Protect My Work advises our members to track changes.  If using Word, this can be done easily (https://support.microsoft.com/en-au/office/track-changes-in-word-197ba630-0f5f-4a8e-9a77-3712475e806a).  

In addition, keep the chat log used to create your work, mainly a record of the commands used to generate the content showing how you expressed your individuality and creativity.

Lastly, keeping a detailed timesheet of the time spent on your work could also show significant effort as well as maintaining version history is also key.  

By recording and tracking these elements, it could prove critical in future should any work be challenged.