The rise of artificial intelligence in content creation has raised complex legal questions, particularly regarding copyright ownership and intellectual property rights. The U.S. Copyright Office and courts have consistently held that copyright protection applies only to works created by human authors. This means that works fully generated by AI—without substantial human creative input—are not eligible for copyright under current law.

What About Human-Assisted AI Creations?

If a human significantly guides, edits, or contributes to an AI-generated work, there may be a basis for copyright protection. However, the extent of human involvement required remains an evolving legal question.

What About ChatGPT-Created Works?

Content generated by ChatGPT and other AI models is not protected by copyright because it is not the product of human authorship. If you use ChatGPT to create an article, script, or any other work, you cannot claim exclusive copyright ownership over the AI-generated text. However, if you substantially edit, refine, or creatively transform the AI-generated output, then your modifications might be eligible for copyright protection.

Right of Publicity and AI-Generated Content

Even if an AI-generated work is not copyrighted, right of publicity laws still apply. This means that using a person’s name, likeness, or voice without permission—especially if it suggests endorsement—can violate their rights. AI-generated deepfakes and voice clones are particularly problematic in this area, as seen in ongoing lawsuits by celebrities and public figures against AI companies.

Trademarks: Protecting Brands in the AI Era

Unlike copyright, trademarks protect brand names, logos, and distinctive elements that identify goods and services. If AI generates content that mimics an existing brand’s name, slogan, or trade dress, it could lead to trademark infringement. Companies should also be mindful of how AI tools use their trademarks in generated content, as unauthorized AI-generated brand references could cause legal disputes.

Final Thoughts

AI is reshaping the creative landscape, but existing laws haven’t fully caught up. While AI-generated works may not qualify for copyright, they can still violate publicity rights and trademark protections. If you’re using AI for content creation—whether in film, marketing, or business—ensure legal compliance to avoid potential disputes.

Need legal guidance on AI-related copyright, publicity rights, or trademarks? Feel free to reach out.