Who owns AI generated content?

The rapid rise of generative AI has opened extraordinary possibilities for businesses- from designing logos to drafting advertisements in seconds. But it has also raised a deceptively simple question: Who actually owns AI-generated content- and what risks are lurking beneath the surface?

Under Australian law (and most international frameworks), human authorship is generally required for copyright protection. Machine-generated works- where there is no meaningful human input- may not qualify for protection at all, creating a surprising and little-known risk: businesses using AI may not truly ‘own’ the content they have generated, and they may struggle to stop others from copying it.

Another serious but sly risk presented by generative AI is that of unintentional infringement; AI tools are trained on vast datasets, often without explicit consent from original creators. This means that, for brands in particular, the stakes are high: an AI generated logo or slogan may inadvertently resemble an existing mark, opening the door to legal disputes and reputational damage. Even where there is no discernible infringement of IP laws, ethical questions around style imitation and moral rights remain.

So, what can businesses do to avoid AI caused issues? Here are a few thoughts:
Carefully review AI platform terms of use before use- many disclaim ownership guarantees
Include meaningful human input in any AI-generated works to strengthen creative control and authorship claims
Run clearance checks on AI-generated assets before public release
Establish clear internal policies on when and how AI can be used.

Artificial Intelligence isn’t just changing the way we create; it is challenging our core ideas of authorship, ownership, and originality. As AI adoption accelerates and technology changes faster than at any point in history, businesses need to be proactive- blending efficiency with creativity and legal foresight.