Artificial Intelligence (AI) is changing many facets of our lives, from how we work to how we discover new recipes. However, as with any major change, there comes new legal issues lurking around the corner. One of those issues relates to the owner of AI generated content and, specifically, who owns images created by AI?
AI allows users to write in simple inputs and the AI will create an image based on those inputs. But, who owns the final product?
OpenAI’s Terms: Who Owns the Output?
At first glance, the answer seems easy. OpenAI’s terms of use state:
“As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, OpenAI hereby assigns to you all its right, title and interest in and to Output.”
Based on this, the user of the AI owns the output. Unfortunately, it’s not that simple.
The Role of Copyright Law
Copyright law grounds this conversation. The Copyright Office has made clear that AI-generated works are not copyrightable. Specifically, the Copyright Office has stated it:
“Will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author.”
Therefore, while an AI user may own certain content as between them and OpenAI, there is no protectable rights associated with the content. In other words, an AI user has no way to prevent a third party from using and profiting from that image.
The Risk of Legal Liability
Additionally, there a number of ongoing lawsuits against OpenAI, which generally allege that OpenAI has copied billions of pieces of information, including the respective plaintiff’s copyrighted works, and used these copies to train the AI. It’s an open question as to whether a user could be held liable for output generated by OpenAI that infringes on the works of others.
The Bottom Line: Users Beware
In conclusion, not only do AI users lack legal ownership of AI-generated content, but they could also face potential liability.. While that risk is likely remote, users should think carefully before attempting to profit from AI-generated content.
If you have further questions or would like to discuss other intellectual property issues, contact Alex Jones (aej@kjk.com) or KJK’s Intellectual Property Group.