With the rise of artificial intelligence (AI) in creative industries, a significant question has emerged: who owns the rights to work created by AI, such as images, scripts, and videos? This is a complex issue, especially under South African copyright law, which requires human authorship for a work to be eligible for protection. Let’s explore whether AI-generated content can be protected by copyright and who, if anyone, owns it.
What is AI-Generated Work?
AI-generated work refers to content created by artificial intelligence, often without direct human authorship. Examples include:
Images: Artwork or designs created by AI tools.
Scripts: Text-based content, like stories or code, produced by AI.
Videos: Video clips or animations generated through AI software.
While these works can be innovative and creative, the question of ownership and copyright protection is not straightforward when AI is involved.
The Copyright Law in South Africa: A Quick Overview
In South Africa, copyright protection is granted under the Copyright Act, 1978 (as amended). According to this law, for a work to be eligible for copyright protection, it must be:
- Original: The work must be the product of the creator’s intellectual effort.
- Fixed: The work must be recorded or captured in a tangible form.
The key requirement for copyright ownership is that the creator of the work must be human. This is where the issue with AI-generated work arises—since AI is not human, it does not meet the requirement for authorship under South African law.
Can AI-Generated Work Be Protected by Copyright?
Under current South African copyright law, AI-generated work is unlikely to be granted copyright protection. The law specifically requires that a work must have a human author, and since AI lacks legal personhood and cannot engage in human-like creativity, it does not qualify as an “author.” As such, AI itself cannot hold copyright over the works it creates.
Who Owns AI-Generated Work?
Given that neither the AI nor the individual who generates the work automatically gains copyright protection, ownership becomes a complex issue. The possible parties that could own the work are:
The developer of the AI tool: In some cases, the developer or creator of the AI system may retain ownership of the work produced by the AI, particularly if the system is seen as an extension of their intellectual property.
The user of the AI tool: The individual or business using the AI to generate content may have some claim to the work, depending on the terms and conditions of the AI platform. However, this would be subject to the licensing agreements and user terms provided by the platform.
The Role of Licensing Agreements
Many AI platforms are governed by licensing agreements or terms of service that may impact who owns the work created using the tool. For instance, some platforms may specify that the user retains ownership of the generated content, while others may reserve some rights for the platform itself.
As such, it’s essential for users of AI tools to carefully review the terms of service and licensing agreements associated with the AI platforms they use. These agreements may outline who retains rights to the generated work and under what conditions.
What About the Public Domain?
If an AI-generated work does not qualify for copyright protection because it lacks human authorship, it does not automatically enter the public domain either. The public domain refers to works that are no longer under copyright protection, either due to the expiration of copyright or because the work was never eligible for protection.
For AI-generated works, the legal status is ambiguous. These works are typically unprotected under copyright law, which means they could be freely used by anyone without the need for permission or payment. However, they are not automatically considered to be in the public domain, unless specifically declared as such by the creator, developer, or platform. In the absence of copyright protection, AI-generated works remain unprotected, but this does not automatically equate to being in the public domain.
Can You Own AI-Generated Work?
Currently, neither the individual generating the AI content nor the user of the AI tool can automatically claim copyright ownership under South African law. Since copyright requires a human author, and AI lacks personhood and creativity, the ownership of AI-generated work remains uncertain.
At present, the ownership could be claimed by the developer of the AI tool or could fall under specific licensing agreements depending on the platform’s terms. As AI technology continues to evolve, copyright law will likely need to be updated to address these new challenges and clarify the ownership of AI-generated work.
For creators using AI tools, understanding the platform’s terms and conditions is key to determining who holds the rights to the content produced. In the meantime, AI-generated works are likely to remain unprotected unless explicitly placed into the public domain or covered by specific licensing terms.
Image: freepik.com
