Who Owns AI-Generated Art? The Frontline of AI Creative Works Copyright Disputes
“The painting was mine, but the brush was held by the machine.”
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Artificial intelligence that generates thousands of images in seconds, composes music, and writes poetry. Yet, the legal status of such creations remains unclear. Recently, courts in the US and the UK have rejected copyright registrations for AI-generated images and texts, sparking lawsuits from creators. When I first encountered generative AI, I found myself wondering, “Can I use this in my blog?” or “Is this my content?” Today, I will explore the key issues in the copyright disputes surrounding AI-created works to find a clear answer to these questions.
Table of Contents
Definition and Types of AI-Generated Works
AI-generated works refer to content created by artificial intelligence systems rather than humans. These works can take various forms, such as text, images, music, and videos, and are typically categorized into two types: "fully automated generation" and "human-involved generation." For example, an image entirely created by AI based on a simple prompt from the user falls into the former category, while content created through collaboration between humans and AI, with human intervention in fine-tuning, belongs to the latter. The distinction between these two types is becoming increasingly blurred, and it is a crucial factor in legal judgments.
Court Rulings Denying Copyright for AI-Generated Works
A notable case where copyright registration for an AI-generated work was denied is the 'Thaler vs Copyright Office' lawsuit in the United States. The plaintiff attempted to register an image created by the AI "Creativity Machine" as a copyrighted work, but the court ruled that "a non-human entity cannot be the subject of copyright." This decision has influenced the policies of numerous countries thereafter.
| Case Name | Country | Ruling Summary |
|---|---|---|
| Thaler v. Copyright Office | USA | Copyright cannot be registered without a human author |
| Getty v. Stability AI | UK | Focus on whether data was used without permission |
| Zarya of the Dawn Case | USA | No protection for AI-generated images, but protection for stories |
Who Is the Creator? Human vs. Algorithm
The most central question in the copyright debate over AI-generated works is “Who is the creator?” Below are the key issues summarized.
- In cases of fully automated generation, most rulings state that humans cannot be considered the authors
- If there is significant human intervention, such as prompt design or post-processing, some jurisdictions may consider humans as the authors
- Conflicting arguments exist regarding whether AI-generated works should be "owned" by the AI or the program's creator
Differences in National Positions and Legal Frameworks
The protection of copyright for AI-generated works varies greatly from country to country. The US and the UK adhere to the view that "copyright is a human-only right," while countries like Japan and Singapore are attempting to indirectly protect AI works by attributing ownership to the software creator. The EU is discussing the inclusion of provisions for AI-generated works in the "Copyright Reform," and South Korea has also started legislative discussions led by the Ministry of Culture, Sports, and Tourism. These national differences raise the possibility of international conflicts.
Notable Disputes: Lawsuits and Outcomes
Disputes over AI-generated works are not just legal interpretations, but are redefining the concept of creation itself. Some notable lawsuits are as follows:
| Case Name | Issue | Outcome |
|---|---|---|
| Thaler Case | Whether AI-generated works can be registered for copyright | No human creator → copyright denied |
| Stability AI v. Getty | Copyright infringement due to unauthorized use of training data | Ongoing, closely monitored by the European Court of Justice |
| Midjourney Controversy | Disputes over copyright ownership of user-generated images | Unclear attribution in terms of service, numerous disputes |
The Future of Creation and Rights in the Age of AI
The future copyright system may need to reflect a new paradigm of "co-creation" between humans and machines. Key proposals by legal experts, artists, and technologists include:
- Transparency of training data sources used by AI and the introduction of a licensing system
- Introducing a system that grants certain rights to "prompt authors" or "AI users"
- Expanding discussions to include AI-generated works in international copyright treaties
Frequently Asked Questions
Currently, many countries maintain that non-human creators cannot be copyright holders, though works with significant human intervention may be protected.
If the prompt is sufficiently creative and strongly connected to the AI-generated result, some countries are discussing whether the prompt creator could be recognized as the author, but clear standards are yet to be established.
Creators have raised concerns about their works being used in AI training without permission. Some countries are discussing the introduction of data licensing systems.
It is possible, but there are legal uncertainties, especially regarding image-generation AI, where copyright infringement in training data could pose issues in commercial use.
Discussions on AI copyright protection are beginning in the EU, and there is a possibility that international treaties and national laws will reflect these discussions.
Yes. The Ministry of Culture, Sports, and Tourism is preparing guidelines for the protection of AI-generated works, and discussions on amendments to copyright law are actively underway.
Conclusion
AI-generated content has moved from being a mere technological output to a deep part of the creative domain. However, the law has yet to catch up with this new reality. I remember being shocked when I saw AI produce results that far exceeded my own ideas. It is important now more than ever for all of us to engage in setting standards and participate in these discussions, as creation is no longer solely a human domain.
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