The question of who owns generative AI output is less a philosophical puzzle than it is a practical question, especially as artificial intelligence becomes a common tool in creative and professional work. But who owns the content made by generative AI?
Under EU copyright law, only humans can be recognised as authors. This means that text, images or other outputs produced entirely by AI do not automatically receive copyright protection. Nevertheless, content generated by AI can be protected by copyright. If a person plays a meaningful creative role - by giving detailed prompts, editing outputs or making other changes to the AI-generated content - that human contribution can make the resulting work eligible for copyright protection. In addition to copyright regulations, the GDPR continues to apply when AI content involves personal data such as generating human-like voices or realistic faces. Meanwhile, the EU Artificial Intelligence Act (AI Act), adopted in 2024, takes a different yet complementary stance focusing on transparency and accountability rather than ownership. It requires AI providers to label AI-generated content and to share information about the data used for training, helping users and regulators better understand where content comes from and how it might relate to existing intellectual property
This reflects a thorny issue of its own - when AI content resembles existing copyrighted material. While AI providers are largely allowed to use copyrighted materials to train AI systems - unless rights holders have specifically reserved their rights - numerous courts have grappled with the question of whether the AI-generated content was an infringement of copyright. This arises when an AI model produces outputs similar to an original work - perhaps imitating an artist’s style or echoing a published text. As legal frameworks continue to evolve, one principle is clear: creativity and responsibility continue to rest with people, not the machines that assist them.
The information provided in this article is for general informational purposes only and does not constitute legal advice.
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