AI and Intellectual Property: Why You Might Not Own Your AI-Generated Work
AI and Intellectual Property: Why You Might Not Own Your AI-Generated Work
Artificial intelligence is transforming the way we create, innovate, and do business. From AI-generated music and artwork to machine-learning-designed products, businesses and creators are leveraging AI to develop new ideas faster than ever before. But what happens when you try to protect that AI-generated content? What if the law says you don’t actually own it?
This isn’t just a hypothetical concern. The U.S. Copyright Office and the U.S. Patent and Trademark Office (USPTO) have made it clear: If AI does most of the work, you may not have any rights over the final product. Copyrights, trademarks, and patents—the foundation of intellectual property—are built on the assumption that a human is behind the creation. AI throws that entire system into question.
As AI-generated content becomes more common, creators and business owners need to understand where the law stands today—and how to protect their work before it’s too late.
Intellectual Property 101: What Can You Actually Protect?
Before diving into AI’s impact, let’s break down the three main types of intellectual property (IP):
Copyrights protect creative works—things like books, music, artwork, and software. They ensure that the creator has exclusive rights to their work for decades.
Trademarks protect brand identity—names, logos, slogans, and anything that distinguishes a business from competitors. They ensure that no one else can copy or misuse a recognizable brand.
Patents protect inventions—new products, processes, or technologies. They give the inventor exclusive rights to their innovation for 20 years.
Each of these is regulated by different laws, but they all have one thing in common: they require a human creator. This is where AI is causing major legal issues.
AI and Copyright: The Battle Over Ownership
When it comes to AI-generated content—whether it’s a painting, a song, or an article—the U.S. Copyright Office has made one thing clear: AI cannot be the legal creator of a copyrighted work.
This means that:
If AI writes a book or composes a song without significant human editing, it is not eligible for copyright protection.
If AI generates an image or artwork and a human does not meaningfully alter it, it is public domain—meaning anyone can legally use it for free.
Case Study: Thaler v. Perlmutter (2023) – AI Art That Was Rejected for Copyright
In Thaler v. Perlmutter (2023), the U.S. Copyright Office denied copyright protection for an AI-generated image, and a U.S. District Court in the District of Columbia upheld the decision. This case set a major legal precedent in the United States.
Key Details of the Case:
Plaintiff: Stephen Thaler, a researcher and developer of an AI program called the "Creativity Machine." The program autonomously generated a visual artwork titled "A Recent Entrance to Paradise."
Defendant: The U.S. Copyright Office.
Central Issue: Whether a work created entirely by an AI system can be considered a "work of authorship" under U.S. copyright law.
Decision: The court ruled in favor of the Copyright Office, stating that human authorship is essential for copyright protection and that an AI-generated work alone does not meet that requirement.
Significance: This case sets a precedent in U.S. copyright law, affirming that AI-generated works without human input cannot be copyrighted.
What This Means for Creators
If you’re using AI to generate creative content—whether it’s text, music, or images—you need to take an active role in modifying and shaping the final product. Otherwise, the law will not recognize you as the rightful owner.
🔹 How to Protect Your AI-Generated Work:
Keep records of how you modified AI-generated content.
Use AI as a tool, not an author—show that a human made key creative decisions.
If you’re using AI for branding, ensure it doesn’t infringe on existing copyrights.
AI and Trademarks: The Risk of Losing Your Brand
Many businesses now use AI to generate logos, slogans, and brand names—but can these be protected under trademark law?
The USPTO has ruled that trademarks must have a human owner. This means:
AI-generated branding can be trademarked, but only if a human claims ownership.
If AI creates a brand that is too similar to an existing trademark, it will be denied.
Example: AI-Generated Logos Facing Trademark Denials
A startup used an AI-powered branding tool to create a logo. When they applied for a trademark, they were denied because their AI-generated design was too similar to an existing trademark.
Since AI doesn’t check for trademark conflicts, businesses using AI to create logos and brand names are at risk of unintentional infringement.
What This Means for Businesses
If you’re using AI to develop branding elements:
Run a trademark search before applying to make sure your AI-generated name or logo isn’t already in use.
Modify AI-generated branding to ensure originality.
Be prepared to defend your trademark application by proving human input.
AI and Patents: Can an AI Be an Inventor?
AI is increasingly playing a role in product development, medical research, and engineering. But can an invention designed by AI be patented?
The USPTO says no.
For a patent to be granted, the application must list a human as the inventor. If AI is responsible for the invention, the patent will be denied.
Example: AI-Designed Medical Device Nearly Lost Patent Protection
A biotech company used AI to develop a groundbreaking medical device. But when they applied for a patent, they had to prove that a human scientist had directed and refined AI’s work. Without this human involvement, the patent would not have been granted.
What This Means for Innovators
If you’re using AI to develop new products, processes, or designs, you need to:
Ensure a human is listed as the inventor.
Keep detailed records of human contributions.
Prove that the invention required human creativity and decision-making.
Final Thoughts: AI is Reshaping Ownership—Are You Prepared?
AI is creating a new frontier in intellectual property law. If you don’t actively protect your AI-assisted work, you could lose the rights to it—forever.
This isn’t just a legal issue—it’s a battle for ownership in the AI age.
Will you adapt and secure your rights, or will you leave your AI-generated assets unprotected?
🚀 Have questions? Drop them in the comments. Your business and creative work might be at risk—let’s talk about it.
Pablo Segarra, Esq. is a Trademark Attorney at Trademarkia
Email Pablo@Trademarkia.com to contact.
