Who owns the copyright in AI generated works?

AI tools have increasingly become a staple part of our lives, whether for writing emails, organising our schedules or creating works of art. Businesses and creators are relying more heavily on machines to do what used to require humans. But, under UK copyright law, authorship matters, and machines aren’t people. So, who owns the copyright in content that has been created by artificial intelligence?

Definition of authorship

According to UK copyright law, copyright protects original works that involve a degree of skill, labour and judgment. Crucially, the law defines an author as the person who creates the work, which presents an immediate issue for AI generated content. If a machine composed a song, painted a picture, or wrote poem, who is the author?

Can a machine be an author?

Under current UK law, no. A machine or system cannot own copyright, as it is not a legal person. However, the UK does recognise the possibility of ‘computer generated works’ and is unique in how it treats them.

For works generated by a computer in circumstances where there is no human author, the ‘author’ will be “the person by whom the arrangements necessary for the creation of the work are undertaken.” In other words, the individual operating the AI to produce the content may be treated as its author (although, this area remains untested by the UK courts).

This differs from U.S. copyright law, where no copyright is granted to AI generated works without clear human authorship. UK law, for now, is therefore more permissive.

So, who owns AI generated content?

Let’s break it down:

How do you protect your business when using AI?

If your business is using AI generated content, for example, for marketing, products, internal tools or media, then here are some recommendations of what to do.

1. Document your input: Keep a record of your instructions and edits to show human involvement.
2. Check the T&Cs: know what the AI provider allows you to do with the output.
3. Avoid replication of known works: Don’t use AI to copy or mimic other people’s works, for example, copyrighted characters.
4. Register your IP: For brand names, logos and product names created with the use of AI, consider registering them as trade marks. For designs (e.g., product designs and packaging), consider registering these as registered design rights.
5. Seek legal advice: Before you publish or launch something AI generated, have an expert review your plans and documentation, especially for high value content e.g., for licensing deals.

Common mistakes to avoid

1. Assuming AI generated content is copyright free: Many businesses wrongly believe AI output is automatically in the public domain or free to use commercially.
2. Failing to review AI platform terms of service: Each AI tool has different usage rights and licensing rules; ignoring these can lead to breach of contract or IP infringement claim.
3. Not documenting creative input: Without clear evidence of human involvement, it becomes more difficult to establish authorship or defend ownership claims.
4. Assuming UK ‘fair dealing’ applies broadly to AI use: The ‘fair dealing’ exception to copyright infringement in the UK may apply to certain uses, such as criticism, review, news reporting, research and private study. However, this exception is narrow and only applies in certain specific circumstances; caution should be exercised if you are planning to rely on this exception.
5. Not checking third party agreements (e.g., freelancer agreements): Without clear terms that deal with IP, someone could potentially claim rights over AI generated assets they helped create while working for you (even if you paid them to do so).
6. Not updating data and privacy policies: If you use client data in training an AI model, ensure your data protection and privacy policies are robust and clear.

Final thoughts

We are entering (or have already entered) an era where machines can create and output material faster than humans, and the law is still catching up. UK law provides some flexibility around computer generated works; authorship and originality remain key to copyright protection. If you are using AI to create content, understanding your legal position now could prevent disputes later.

Contact us to learn how we can help you protect and use AI generated content with confidence.

Written by Laura Gathercole – Solicitor