Do we own the content produced by AI?

Texts, images, code, presentations: a growing share of a company’s content is produced with the help of AI. The question of who owns it then arises, often at the moment you want to protect, sell or reuse it.

The answer is not yet settled. Under French law, copyright protects creations that bear the imprint of their author’s personality, which implies human involvement. Content generated entirely by AI may therefore be protected by nobody. Suppliers’ terms add their own rules, and case law is still taking shape. Hence the value of keeping a record of the human share of the work.

• Suppliers’ terms vary.Some assign you the content produced; others remain vaguer.
• The human share often makes the difference.Choices, selection, edits and assembly can provide grounds for protection.
• Generated content may resemble an existing work.The risk of unknowingly reproducing a protected creation is not zero.

1. 01Reread your suppliers’ terms on the ownership of the content produced.
2. 02For content that matters, keep a record of the human share of the work: choices, versions, edits.
3. 03Ask a lawyer’s opinion before selling or registering content produced with AI.

• Is generative AI compatible with the GDPR?→
• Who is responsible when an AI makes a mistake?→
• Is our data safe with generative AI?→
• How do we avoid becoming dependent on an AI supplier?→