AI-Created Content: Who Really Owns It?
In the Age of Generative AI: Where Do We Draw the Line Between Creativity and the Law?
“Wait, did AI really generate images of Minions and Darth Vader?”
Recently, Disney and Universal filed a copyright infringement lawsuit against the AI image generation platform Midjourney, reigniting the debate around copyright in AI-generated content.
If an AI learns from existing works and creates something new, is that considered creation or imitation? And more importantly — who owns the result?
This is no longer a niche question. It’s now a serious legal issue for designers, marketers, content creators, and companies alike.
Do AI-Generated Works Have Copyright?
One of the most frequently asked questions when using tools like Midjourney, ChatGPT, or DALL-E is: “Can you copyright something made by AI?”
Most countries currently say:
No — if an AI creates something without human involvement, it’s not eligible for copyright protection. But this issue is actively being added around the world.
Here’s a quick look at how different regions are handling this:
- United States: The U.S. Copyright Office (USCO) has clarified that works lacking human authorship are not copyrightable, and continues updating its policy.
- European Union: Copyright is only granted to humans (natural persons). Purely AI-generated works are not protected, although legal standards are still evolving.
- South Korea: In 2023, the Ministry of Culture stated that AI-generated content without human creativity cannot be registered for copyright. A working group is currently developing legal frameworks to address this. (copyright.or.kr)
- China: There is no consistent legal position, and court rulings differ depending on the region.
In short, AI-generated content created entirely by machines is currently considered to belong to no one — and governments are still trying to catch up with proper regulations.
But What About the Prompts I Give AI?
Many users wonder:
“If I came up with the idea and fed it to AI, should’t I own the result?”
Unfortunately, under copyright law, ideas themselves are not protected.
Only original, creative expressions are eligible for copyright. Prompts are typically treated as instructions or commands, not as creative works in their own right.
Can You Claim Copyright if You Edit AI-Generated Content?
What if you take AI-generated output and modify it?
That’s where things atart to shift — and in some cases, you may be able to claim copyright. The key factor is human creativity.
Creativity Makes the Difference
- United States: If a human adds original expresion — like editing, arranging or combining content — that part may be eligible for copyright.
- European Union: AI is treated as a tool, and copyright is granted if the human user contributes creatively. However, what counts as “creative enough” can vary by country.
- South Korea: While there are no court precedents yet, officials have stated that if human creativity is involved, the modified work could be protected. For example, if a designer retouches an AI image and adds original design elements to turn it into a branded poster, copyright may apply to the edited, human-created portions.
- China: A Beijing court granted copyright to a user who creatively modified AI content in 2023, while a Guangzhou court denied copyright for pure AI output in 2024.
What to Watch Put for When Creating AI Content
① Avoid Infringing on Other’s Copyrights
When using generative AI, whether as an individual or a company, keep these tips in mind.
✅ Be cautious about the training data AI uses
- Some AI models are trained on copyrighted artworks, logos, or brand visuals.
✅ Avoid including copyrighted references in your prompts
- Prompts like “in Disney style” or “make it look like Pokemon” could result in outputs that infrige on existing intellectural property.
- These may be seen as derivative works or even intentional imitation.
✅ Always check the terms of use of AI platforms
- Some platforms only allow non-commercial use, or require a paid plan for commercial rights.
- For example, Adobe Firefly offers commercial use guarantees; others, like some open-source models, offer no legal protection.
Note: Use AI models with clear licensing terms, and rely on public domain or CC0 resources when possible. Read user agreements carefully.
② How to Protect Your Own Work
- Don’t use AI outputs “as is” — add your own creative touch.
- Rewrite, restructure, or visually enhance the output to create new, original content.
- If your contribution is creative and clear, you may be able to register or manage the copyright.
- Businesses should consider drafting internal AI content policies to reduce legal risk.
Final Thoughts: When Technology Becomes a Creative Tool
Generative AI is transforming the way we create.
We live in a time when a single line of text can produce an image, a song, or even a video. It’s a powerful tool — but it also raises serious question.
“Who really created this?”
“Is it truly mine?”
“Could I be infringing on someone else’s rights?”
This article aims to spark reflection on these important — and often overlooked — questions around AI and copyright.
There’s still a lot of legal gray area. But now is the right time to start thinking more deeply about it.
💡 Note
This content is intended to share current knowledge and discussions around generative AI and copyright.
For legally sensitive situations or business decisions, please consult a qualified legal export or lawyer.
Technology is evolving rapidly — and we’re constantly being asked to make decisions faster. What matters most is our attitude toward using the technology.
Treating AI not just as a tool, but as a responsible creative partner, may be the next big step forward.