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Can AI Content Be Copyrighted? According to Daniel Gervais, a professor at Vanderbilt Law School, “If a machine and a human work together, but you can separate what each of them has done, then [copyright] will only focus on the human part.” But, it's important to understand why. |
AI tools like ChatGPT and Midjourney have reshaped how entrepreneurs and marketers approach content creation, offering speed, creativity, and convenience. However, along with these benefits come significant ethical and legal challenges that can’t be ignored.
In fact, a recent survey by Social Media Examiner revealed that 71% of marketers are worried about AI copyright issues.
This is more than a theoretical risk: if left unaddressed, these challenges can lead to serious repercussions, including copyright infringement lawsuits, compromised client relationships, and reputational damage.
In this article, we’ll explore the most pressing questions about AI copyright, helping you understand the legal landscape and what safeguards you can implement to keep your business protected.
Highlights:
Understanding AI and Copyright: What Every Entrepreneur Should Know
Can AI Content Be Copyrighted? Legal Boundaries and Limitations
Who Owns Copyright from AI? Avoiding Copyright Infringement Risks
Is it Illegal to Use AI to Write a Blog? Addressing Copyright and Compliance
Legal and Ethical Considerations for Publishing AI-Generated Content
Best Practices for Ethical and Legal AI Use in Your Business
Understanding AI and Copyright: What Every Entrepreneur Should Know
Copyright law protects original works of authorship, giving creators exclusive rights to use and distribute their work. But AI complicates things—who owns content generated by a machine? A common misconception is that AI-generated content belongs to the creator by default, as with traditional works created by humans. However, AI content doesn’t qualify for copyright protection.
Copyright law requires a "human author," and since AI lacks human creativity, any content generated by AI (like blog posts, social media graphics, or product descriptions) isn’t legally yours to protect.
This means others can freely use AI-generated content without needing to provide credit or compensation. Service based business are most at risk. In the 'information economy' they rely on copyright laws to protect their intellectual property. This results in exclusivity and the ability to charge a premium. When the lines blur, their value drops.
Without clear policies, your marketing assets or instructional materials could be copied by competitors with no legal repercussions. If you’re investing in custom AI-generated content, you might unintentionally be relinquishing ownership of your brand's voice and ideas. Recognizing these copyright limitations is essential to protecting your assets.
AI Updates and Their Implications: Why Recent ChatGPT Changes Matter for Copyright and Confidentiality
In February 2024, OpenAI introduced a memory feature in ChatGPT, allowing the AI to track information across projects. While convenient, this feature introduces new privacy and copyright concerns that many entrepreneurs overlook.
For instance, ChatGPT could unintentionally mix details from different projects, leading to potential breaches of confidentiality and copyright, or the exposure of proprietary information.
These overlaps could result in serious ethical and legal issues. Imagine a situation where an AI-generated response for one project inadvertently includes elements from another client’s work. At best, you risk damaging relationships; at worst, you could be accused of leaking confidential information.
Luckily, OpenAI provides tools to manage these risks. You can view, delete, or turn off the AI’s memory feature, protecting sensitive data and maintaining your reputation as a responsible business owner. Watch the short video above on how to manage ChatGPT's memory feature.
Can AI Content Be Copyrighted? Why Copyright Law Doesn’t Apply to AI Content
As you've discovered, copyright laws worldwide are built on a fundamental principle: copyright is granted to human creators, not machines. This means that AI-generated content lacks one crucial element required for copyright protection—human authorship. For example, if you’re using AI to write blog posts, design logos, or generate social media graphics, that content, strictly speaking, cannot be copyrighted. This gap leaves AI creators in a unique position, as they cannot legally claim ownership over their work in the same way they could for content created by a human.
Daniel Gervais, a professor at Vanderbilt Law School, stresses the need to distinguish between human and machine contributions when it comes to creative works. Speaking to Built In, he explained,
“If a machine and a human work together, but you can separate what each of them has done, then [copyright] will only focus on the human part.”
This highlights the importance of human involvement in content creation for copyright eligibility. In March of last year, the U.S. Copyright Office provided clarification on AI-generated content, stating,
“Copyright can protect only material that is the product of human creativity. Most fundamentally, the term ‘author,’ which is used in both the Constitution and the Copyright Act, excludes non-humans.”
The Gray Areas: Co-Creation with AI and “Human Touch”
The good news is that there is a middle ground—co-creation. When a human user intervenes meaningfully in the AI process (such as adding substantial creative input, editing, or revising the generated output), they may argue for limited copyright protection, as they’ve added a "human touch."
However, defining “substantial” input is tricky and inconsistent across different jurisdictions, which makes relying on this approach risky for businesses seeking to protect their work.
To ensure you have some level of protection, consider using AI as a collaborative tool rather than a standalone creator. Many entrepreneurs use AI to outline or brainstorm ideas and then add human elements, making the final product more distinct and copyright-worthy.
However, this approach should be executed carefully, and it’s worth consulting legal advice on whether these modifications sufficiently meet copyright requirements, especially if you are working with large companies.
In this instance, it is critical that you learn how to humanize AI content using techniques like 'burstiness' that make it natural and engaging.
The Double-Edged Sword of Public Domain Content
One lesser-known implication of AI-generated content’s copyright limitations is its de facto placement in the public domain. Because AI-generated work cannot be legally copyrighted, it essentially falls into the public domain, free for others to use and adapt. This can be advantageous if you’re building on existing AI-generated works yourself but disadvantageous if others repurpose your AI content without attribution. This could cause you to lose your competitive edge, turning your brand into just another 'me-too' business, indistinguishable from the rest.
As AI evolves, many are advocating for copyright law updates to address these challenges. Meanwhile, understanding these limitations helps you make informed choices, safeguarding your brand’s integrity.
Who Owns Copyright from AI? The in-built plagiarism problem
In AI content creation, ownership isn’t as simple as “who made it.”
Beyond ownership, there’s a growing concern over unintentional copyright infringement in AI-generated content. AI tools are trained on vast amounts of existing data—text, images, code, and more—which may include copyrighted material. This introduces a risk that the AI’s output could resemble or directly replicate copyrighted content, making the user liable for infringement.
For instance, if an AI tool was trained on public web data that included copyrighted work, its output might unknowingly replicate phrases or design elements too similar to the original content. As a result, without taking preventive steps, an innocent attempt to create original content could lead to legal consequences.
Safeguarding Against Plagiarism Risks
To mitigate these risks, consider implementing a few simple protective measures:
Source and Validate AI Tools: Use AI tools from reputable providers that transparently disclose their training data and copyright policies. Some AI models are specifically designed to avoid replicating copyrighted material, so ensure you’re using platforms that prioritize this.
Add Human Edits for Legal Protection: Make significant edits to AI-generated content to incorporate original human input, like personal stories and experiences, transforming it beyond the AI’s initial output. Courts and legal experts often consider this transformation when evaluating ownership rights.
Consult Legal Experts for High-Stakes Content: If you’re using AI to create high-value content or client-facing materials, consulting a legal professional can help determine your level of copyright risk. They can advise you on setting up usage terms that protect both you and your clients from infringement claims.
By following these practices, you can avoid potential copyright issues, protect your content’s integrity, and adopt a secure approach to AI-generated work.
Is it Illegal to Use AI to Write a Blog?
Many entrepreneurs wonder if it’s legal to use AI for writing blogs or other online content. The good news is that using AI to draft content is entirely legal, though copyright and compliance issues remain complex.
Using AI for Blog Writing: What’s Permitted?
There are no laws against using AI tools to draft blogs, social media posts, or any other written content. In fact, AI has been widely adopted to boost productivity, streamline workflows, and even enhance creativity. However, while the act itself is legal, there are key areas to be cautious about:
Plagiarism Risks: AI models are trained on extensive datasets that may contain copyrighted content. Without safeguards, AI-generated text may mimic existing content too closely, risking copyright issues.
Quality Concerns: AI-generated content often lacks nuance and voice, which audiences expect from quality content. Top-performing content has a distinct voice and a human touch. While anyone can create generic AI content, to truly stand out, you must infuse it with your unique perspective and style.
Avoiding Copyright Issues: Best Practices
When using AI to generate blog content, follow these steps to minimize copyright risks:
Review AI Outputs: Ensure AI-generated content is original by revising and adding unique examples and insights. This enhances value and reduces duplication risk.
Cite Verified Sources: For research, data, or statistics, verify details with reliable sources and cite them accurately to prevent misinformation. Perplexity is my preferred AI tool for citations, but I recommend double-checking that the correct sources are cited. I've encountered situations where it generated false data and attributed it to an incorrect source.
Humanize AI Content: Use AI as a draft. Adding human insights makes the content more engaging and legally safer.
Does Google Allow AI Content? Here's What You Need to Know
When using AI-generated content, it’s also crucial to follow platform-specific rules. For example, Google’s guidelines prioritize high-quality, original content and warns against using automation primarily for ranking manipulation.
"Using automation—including AI—to generate content with the primary purpose of manipulating ranking in search results is a violation of our spam policies." Google
In a stunning example, Jake Ward, a content strategist who leveraged the AI tool Byword to mimic and redirect a significant 3.6 million visitors away from a competitor, drastically impacted traffic for Exceljet’s founder, David Bruns. Google blacklisted his site within 24 hours due to policy violations, drastically reducing his traffic.
While Google hasn't banned AI content, they stress quality over automated generation. For best results, human-edit AI drafts and ensure alignment with SEO principles.
Some platforms, like academic journals, have stricter policies about AI usage, so always check individual platform requirements to ensure compliance.
In short, while it’s legal to use AI to write a blog, it’s vital to approach this practice thoughtfully. By taking steps to humanize the content, comply with copyright standards, and follow platform guidelines, you can use AI effectively without falling into legal or ethical pitfalls.
Here’s what you need to know:
Detection Methods: Google’s algorithms are designed to identify quality signals—depth, relevance, and originality. Low-quality AI-written content, often marked by repetitive phrases or unnatural flow, can raise red flags and lead to lower rankings. Google’s guidelines emphasize “content created for humans, not machines,” so an overly robotic tone may affect SEO.
Human Review and Content Quality: To avoid penalties, ensure that AI-generated content undergoes thorough human editing to enhance readability, add personal insight, and meet high content standards. AI is best used as a supplement to human insight, rather than as a sole content source.
Impact on SEO: Quality AI content that’s refined by human editing can perform well in search rankings, generic content will not.
In short, while Google may not directly “detect” AI, poorly crafted AI content is likely to be flagged as low-quality. To avoid this, focus on quality and human touch, ensuring AI-driven content aligns with SEO best practices.
Legal and Ethical Considerations for Publishing AI-Generated Content
As you've seen, using AI-generated content can greatly boost efficiency, but it also brings up important legal and ethical considerations. Here's what you should keep in mind:
Attribution and Transparency: Ethically, disclose AI’s role in substantial content creation to build trust, especially in journalism, marketing, or academia.
Confidentiality: With AI tools retaining data, handle sensitive information carefully. Turn off memory functions or clear them regularly to prevent unintended exposure.
Bias and Misinformation: AI can introduce biases from training data. Always verify facts and correct any bias in sensitive content. This can be hard to detect at times because AI often shares information with authority, which can easily trick humans into believing it.
Ensuring content quality through human oversight protects your brand from sharing low-value or misleading information.
Best Practices for Ethical and Legal AI Use in Your Business
With AI’s potential to transform business operations, it’s essential to handle AI responsibly to protect your brand and your clients. Here are some best practices to ensure your use of AI remains ethical and compliant:
Establish an AI Usage Policy: A formal policy can help your team understand the dos and don’ts of using AI tools in content creation, marketing, or customer interactions. I provide a free AI Business Policy in my online course, '28 Days to AI Mastery.' Include guidelines on ethical AI usage, copyright considerations, and quality assurance. Having a clear policy helps prevent misuse and keeps everyone aligned on how AI integrates into your brand’s operations.
Use AI Tools Transparently: Be upfront about AI’s role in your business. When content is generated or significantly assisted by AI, disclose this in an appropriate way—especially in industries like journalism, legal services, or consulting. This practice not only builds trust with your audience but also avoids potential backlash from clients who may prefer human expertise.
Protect Confidential Information: Given AI’s potential to retain and inadvertently share information, it’s crucial to manage confidential data wisely. Tools like ChatGPT now include memory features that, if left on, can recall details across chats. Make sure to disable memory functions when handling sensitive information or regularly clear the memory cache to prevent inadvertent data sharing.
Validate AI Outputs for Accuracy and Bias: AI can generate content rapidly, but it isn’t immune to factual errors or biases, which can harm your brand’s credibility. Always have a team member review AI-generated work to ensure accuracy, completeness, and neutrality. Correcting for bias or misinformation ensures the content aligns with your values and enhances the quality of the information shared.
Invest in Plagiarism Detection and AI-Detection Tools: Tools like Copyleaks or Originality.ai can help verify the originality of AI-generated work, detect any AI-specific characteristics, and avoid potential plagiarism issues. This precaution not only protects against accidental copyright infringement but also meets growing compliance expectations from companies that demand originality from freelancers or contractors.
Continual Training and Adaptation: As AI tools and copyright laws evolve, so should your business practices. Regularly update your team on the latest in AI compliance, copyright law, and best practices. Stay informed about new AI capabilities or regulatory changes to adapt your approach and remain compliant.
Following these best practices empowers your business to leverage AI effectively without risking legal issues or ethical pitfalls. Balancing AI’s efficiency with thoughtful oversight helps you maintain your brand’s integrity and create lasting value for your clients.
Closing Thoughts: The lines between human creativity and AI-generated work are still being drawn
The AI revolution is already reshaping business operations, and its impact on copyright laws is profound. The lines are still being drawn as AI copyright lawsuits escalate at a rapid pace.
As we enter this new phase, the way we approach content creation, intellectual property, and business models is about to undergo a dramatic shift. Those who fail to adapt may find themselves not only falling behind but also grappling with a rapidly changing legal landscape they didn’t see coming.
So, how do you prepare for this AI-driven future?
By adopting the right tools and knowledge, you can unlock limitless potential. If you’re ready to deepen your understanding of AI and its legal implications, the "28-Days to AI Mastery Fast Track Course" is your next step.
In just 28 days, this course will equip you with the skills to harness AI for enhanced productivity, while also teaching you how to protect your content in the evolving digital world. Don’t risk becoming obsolete—take the leap now and become a leader in this new AI-driven era. The future of copyright and business awaits, but it’s moving fast.
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