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ARTICLE · 05 FEBRUARY 2024

Copyright Ownership Of Generative AI Outputs Varies Around The World

Generative artificial intelligence tools produce a vast range of new content, including code, text, audio, images and video.

GlobalIntellectual Property

Generative artificial intelligence tools produce a vast range of new content, including code, text, audio, images and video. For the business user, the speed of output in response to a user prompt can deliver game-changing business efficiencies. However, the appeal of generative AI content needs to be balanced against the implications of using that content within a business. There are several dimensions to this, and one important question – with interesting potential outcomes – is the extent to which the user can own the output. Superficially, this might seem to depend on the terms of service of the particular generative AI platform and the allocation of rights set out in its governing terms. While this is indeed a part of the story, the user also needs to consider whether that output is even capable of being owned, by anyone, under applicable law. Below, we explore the answer to that question around the world, based on law and guidance as of the date of this post.

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