AI-generated content is increasingly being used for both business and personal objectives. Given the recent EU Artificial Intelligence Act and the different Institution’s emphasis on the subject, it is likely that AI will become an increasingly indispensable tool in businesses’ and professionals’ everyday operations. This presents several challenges regarding who owns the products that are generated by AI platforms: Who owns the copyright on AI-generated content?

Understanding the meaning of  “AI-Generated Content”

According to the definition provided by the EU Artificial Intelligence Act, AI-generated content is to be understood as any type of content that is created by AI systems, which includes replications of human abilities, varying from the generation of written texts, audio, and images. On one side, some years ago would have been relatively easy to identify the creative mind behind a painting or a novel. However, when it comes to AI-generated content the challenge is to identify who the creative creator is, and whether the copyright belongs to the individual or company imputing information in the system and utilizing the results, or the platform that generated that content.

Multiple perspectives on the question of copyright 

Being AI-generated products a relatively recent tool accessible to the public, the debate on the copyright question is ongoing. Different institutions took a variety of views on the issue, but with similar conclusions. Starting with Australia, China, the EU, and the UK claiming that a work must be original to be covered by copyright protection. This entails an element of creativity and innovation, which is not found in platforms such as ChatGPT, DALL-E, or Midjourney, just to mention some. 

This is because these platforms, together with the ones performing similar tasks, are based on progressive learning, deriving from the existing data and information available. In other words, these platforms are not currently performing creative functions, but they rather re-elaborate already existing content, combining and synthesizing the information available. Therefore, not only do these platforms not own the copyright over the produced content, but neither the companies nor individuals can claim ownership over the AI-generated content. This is because the question of ownership is strictly related to the element of originality, which has to be proven based on an intellectual effort made to reach a given result.

Similarly, the US considers that the ownership of copyright can be granted just to human creators. Nonetheless, a possible problem could arise when the AI uses the work of existing artists to produce a given output. What the cases discussed by the courts tell us so far is that unless the AI systems contain an exact copy of the protected images in the re-elaboration by the AI system, the infringement of the copyright does not subsist, and the artist cannot claim ownership over the product. 

What about Narrativa’s platform?

Unlike the AI systems currently available, Narrativa is a fully-loaded content automation powerhouse. What does that mean, and why is that relevant in the context of Copyright Ownership?

• Narrativa is a Gen. AI content Automation Platform, providing fully customisable and professional content pieces, through a proprietary CMS. As a consequence, the intellectual property over the generated content is owned by the user.
• Narrativa generated 100% accurate content by allowing the integration of many data source types. As a consequence, the content generated ensures quality, professionalism and reliability, minimizing the risk of copyright infringement. 
• Narrativa provides advanced data at a large scale. The ability to generate content by iterating multiple prompts ensures that the content generated is tailor-made to the needs of the user, and uniquely adaptable. As a consequence, the content generated will be contextually appropriate and not easily, generically reproduced.

Even though various jurisdictions have differing opinions on copyright, it is still a social and legal issue that requires more thorough solutions. It is essential to remember that the user cannot claim copyright ownership of the generated material, regardless of the type of information they create. This could constitute a restriction on how much of the content created can be used for business-related reasons in the case of professionals and companies. For this reason, Narrativa is committed to ensure quality and professional AI-generated content, to safeguard the interests of the users. 

Matilde Romagnoli