Who Owns AI-Generated Content in the UK?

As more businesses and creatives experiment with tools like Midjourney, ChatGPT and DALL·E, a key question arises: who actually owns the content they produce?

UK Copyright Law: A Unique Rule

UK copyright law contains a distinctive provision. Where a work is generated by a computer without a human author, the “author” is the person who undertakes the arrangements necessary for the creation of the work.

Section 9(3) of the Copyright, Designs and Patents Act 1988 says the author of a computer-generated work is “the person by whom the arrangements necessary for the creation of the work are undertaken.” Drafted long before today’s generative AI, this rule still applies. Section 178 defines “computer-generated” as works with no human author.

However, this provision has never been tested in court. Questions remain about how it fits with the EU-law requirement for originality, and whether UK courts would take the same view when an AI is involved.

Government’s Position

The UK government has recognised the complexity of AI and copyright through several consultations. In 2022 no immediate changes were recommended, but a new consultation launched in December 2024 signals a willingness to adapt the framework to balance creative industries and the AI sector. Proposals include:

• copyright exceptions for AI training
• new transparency requirements for AI developers

Practical Scenarios

• Using commercial AI tools: Platforms like Midjourney or DALL·E often include terms claiming ownership of the output or granting only a limited licence. Always check the fine print.
• Employees using AI at work: If staff use in-house AI tools under your direction, your company will usually be the author under UK law.
• Multiple contributors: Where several people contribute prompts, edits or curation, joint authorship issues arise. Clear contracts help allocate rights.

Trade Marks & AI Content

Even if copyright protection is uncertain, trade marks remain available for distinctive AI-generated logos, names and slogans. This can be a reliable way to secure rights over brand assets produced with AI.

Key Takeaway

Ownership of AI-generated content in the UK is still a developing area. For now, businesses and creators should:

• read platform terms carefully
• consider contracts to allocate ownership
• explore trade marks to protect valuable assets

Keeping an eye on future legal and policy changes will be essential.

Katie Moruzzi – Senior Associate