How AI Challenges Copyright Law
Artificial intelligence (AI) is changing the way people create everything—from music and art to books, videos, and marketing content. Tools that generate images, write articles, or compose songs have made it easier than ever for anyone to produce creative work. But as AI becomes more advanced, one big question keeps coming up: who owns what AI creates? The answer isn’t simple. As courts and lawmakers race to keep up with technology, the line between human creativity and machine output is getting blurry. Understanding how AI affects copyright law is essential for artists, businesses, and anyone using AI tools to create content. That’s where Braslow Legal can help you stay informed and protected.
What Copyright Law Is Meant to Protect
Copyright law was designed to protect original creative works made by people. When you write a story, take a photo, or paint a picture, you automatically own the copyright as soon as it’s created. That ownership gives you the exclusive right to copy, sell, or license your work. Copyright ensures that creators benefit from their ideas and that others can’t profit from those creations without permission.
But AI tools like ChatGPT, Midjourney, and DALL·E create content based on data and algorithms. They don’t have human emotions, intentions, or creativity. That raises an important legal question: Can something created by a machine be copyrighted?
Can AI-Generated Work Be Copyrighted?
According to current U.S. copyright law, only works created by humans qualify for copyright protection. The U.S. Copyright Office has made it clear that “authorship” requires a human mind behind the creative process. This means if AI generates a piece of art, song, or text entirely on its own, it cannot be copyrighted.
For example, if you ask an AI image generator to “create a landscape painting of a sunset,” and it produces an original image without further human input, that image isn’t protected by copyright. Anyone could technically use, share, or even sell that image without breaking the law—because legally, no one owns it.
However, if a human plays a significant role in directing, editing, or shaping the AI’s output, things change. The Copyright Office has said that works involving both AI and human input can be protected only if the human’s creative contribution is “substantial.” In other words, if you use AI as a tool—not a replacement—you may still qualify for copyright protection.
Real-Life Examples and Court Cases
Recent legal battles show just how complex this issue has become. In one case, a man tried to register a copyright for an image created entirely by his AI program. The Copyright Office rejected his application, stating that the work lacked “human authorship.” The court upheld the decision, reinforcing that only human-made creations can receive legal protection.
In another situation, comic book artist Kris Kashtanova used AI to help illustrate a graphic novel. While the story and layout were human-created, the images were generated with AI prompts. The Copyright Office ruled that Kashtanova owned the parts of the work that involved human creativity—like the writing and composition—but not the individual AI-generated images themselves.
These examples show the growing challenge of drawing the line between human and machine creativity.
Why It Matters for Creators and Businesses
For artists and businesses, this issue has serious consequences. If you rely heavily on AI to create marketing materials, artwork, or written content, you may not own the copyright. That means competitors could reuse or modify your AI-generated content without any legal repercussions.
On the other hand, using AI to assist rather than replace human creativity can still give you ownership. For example, if you write the outline and structure of a blog but use AI to polish the language, your creative direction still counts as human authorship. The key is to document how you contributed creatively and where AI served as a tool.
Businesses should also be cautious about using AI-generated content from unknown sources. Some AI tools are trained on copyrighted materials without permission, raising the risk of infringement claims if the AI output too closely resembles existing works. Consulting with a copyright attorney, like those at Braslow Legal, can help you understand your rights and protect your business from legal disputes.
The Future of Copyright in the Age of AI
As AI continues to advance, copyright law will need to evolve. Lawmakers and courts are now considering new frameworks to address questions like:
Should AI creators or developers share ownership of the outputs their systems produce?
How can we protect human creators whose work is used to train AI models?
Can AI ever be considered an “author” under the law?
These are not easy questions, and the answers will shape the future of creativity, technology, and intellectual property for decades to come.
Final Thoughts
AI is an incredible tool that opens doors for innovation, but it also challenges our understanding of ownership and originality. For now, copyright law remains clear on one thing: only humans can own creative works. That means if you use AI, your best protection comes from combining your own creativity with smart legal guidance.
Staying informed and proactive can help you make the most of AI technology without losing control of your work. As the world of copyright and artificial intelligence continues to evolve, partnering with a knowledgeable firm like Braslow Legal ensures your creative and business assets stay secure in this fast-changing digital landscape.