What does Copyright Law Protect and is AI-Generated Content Protectable under Copyright Law?

By George Likourezos, Esq.

I.                   What Does Copyright Law Protect?

Copyright law protects a wide range of creative works that are fixed in a tangible medium of expression. Here are some categories of works that can typically be copyrighted:

1. Literary Works: This category includes books, articles, poems, essays, computer programs, databases, and other written works.
2. Musical Works: Original musical compositions, including songs and instrumental pieces, as well as accompanying lyrics if applicable.
3. Dramatic Works: This covers plays, scripts, screenplays, and other forms of dramatic expression.
4. Artistic Works: Visual creations such as paintings, drawings, sculptures, photographs, and architectural designs.
5. Motion Pictures and Audiovisual Works: Films, videos, television programs, and other audiovisual content.
6. Sound Recordings: Recorded sounds, including music, spoken word recordings, and other audio recordings.
7. Choreographic Works: Original dances and choreographic compositions.
8. Pantomimes and Pictorial, Graphic, and Sculptural Works: This includes works of visual art such as drawings, paintings, sculptures, and other artistic creations.
9. Architectural Works: Original designs of buildings and other structures.
10. Derivative Works: These are new works that are based on or derived from existing copyrighted works. For example, adaptations, translations, and new arrangements of music or literary works.

It’s important to note that copyright protects the expression of ideas, not the ideas themselves. Additionally, copyright protection does not extend to facts, ideas, methods, systems, or concepts. The work must be original and fixed in a tangible form to qualify for copyright protection.

In some jurisdictions, there may be variations in what can be copyrighted and the specific requirements for protection. Therefore, it’s advisable to consult local copyright laws or seek legal advice for specific questions related to copyright protection in a particular jurisdiction.  This is especially important for determining whether AI-generated content can be protected by copyright law.

II.                AI-Generated Content and Copyright Protection

AI-generated content can be protected by copyright under certain conditions, since, as stated above, copyright law protects original works of authorship that are fixed in a tangible medium of expression. This protection extends to literary works, artistic creations, music, and other forms of creative expression.  Therefore, AI-generated content, whether it can be copyrighted depends on whether it meets this criteria for copyright protection, and some jurisdictions also require human authorship for copyright protection. In those cases, AI-generated content might not be eligible unless there is significant human involvement in the creation process.

In situations where an AI autonomously creates content without direct human input or guidance, the question of copyright ownership becomes more complex. In some jurisdictions, the lack of human authorship may mean that such content cannot be copyrighted. However, laws and interpretations are evolving, and some jurisdictions are considering changes to accommodate technological advancements.

To navigate these issues, creators, organizations, and legislators are actively discussing and debating how to apply copyright law to AI-generated content in a way that balances innovation and intellectual property rights. A resource you can consider in also helping you navigate the legal issues involving copyright law and protecting AI-generated content is the intellectual property law firm of Carter, DeLuca & Farrell. 

For a free consultation, in establishing safeguards and measures for protecting your trade secrets and other intellectual property, which is made available through Spotlight Family Office Group, please contact us at Info@SpotlightFamilyOffice.com.