AI bucking copyright laws?

AI bucking copyright laws?

In the rapidly evolving world of artificial intelligence (AI), a significant question has arisen: who owns the rights to works created entirely by AI? This question has been at the forefront of discussions in the legal and creative industries, with recent developments offering some clarity.

A prime example of AI-generated content making waves is the song "Heart on my Sleeve," which garnered over 15 million views in just 48 hours on TikTok. However, under current U.S. law, such works cannot receive copyright protection due to the requirement for human authorship [1][3]. This was confirmed by the U.S. Copyright Office and recent court rulings in 2025.

The use of copyrighted works to train AI models is another contentious issue. Reproducing copyrighted content during AI training implicates the exclusive rights of copyright owners, making licensing or permission an important question [1]. Ongoing legal disputes and court decisions in 2025 are shaping how fair use applies to AI training datasets, with some rulings favouring AI companies while copyright holders dispute this, demanding compensation or prohibiting use without licenses [5].

In response to these concerns, a bipartisan bill called the TRAIN Act was introduced in mid-2025. The bill aims to increase transparency and enhance protections for creators by allowing copyright owners to request disclosure of whether their works were used in AI training, enabling them to seek compensation or legal remedies if their works are improperly used, and promoting transparency concerning unauthorized use of copyrighted works by AI companies [2][4].

The discussion on AI and copyright is not limited to the United States. In France, a bill was submitted to the National Assembly on September 12, 2023, to "frame artificial intelligence through copyright law" [7]. The French bill proposes subjecting the use of protected works by AI to the prior authorization of authors or rights holders and aims for transparency for AI developers, with an obligation to mention that the work was generated by AI and to mention the authors of the works from which the AI drew inspiration [8].

The European AI Act, Article 53, also establishes specific obligations for providers of general-purpose AI models, including in the area of copyright [9]. Universal Music Group has asked music platforms to prevent AI systems from training using copyrighted music, while Getty Images filed a complaint against Stability AI for the abusive use of more than 12 million photos to train its AI image generation system [6].

The sale of the painting "Portrait of Edmond de Belamy," created by AI, for $432,500 in October 2018, further highlights the potential value of AI-generated works [10]. However, the originality criterion for copyright protection, defined as the intellectual contribution of the author, remains a challenge for AI-generated works [11].

AI tools like AI Midjourney, capable of creating works of art from a textual description, continue to push the boundaries of what AI can achieve. As the landscape remains dynamic, with ongoing judicial decisions and new regulatory efforts, it is crucial for AI developers and creators to stay informed and adapt to the evolving legal landscape.

[1] https://www.copyright.gov/reports/studies/ai-infringement/ [2] https://www.congress.gov/bill/117th-congress/house-bill/5145 [3] https://www.copyright.gov/policy/reports/public-domain/2021/pd-report.pdf [4] https://www.govinfo.gov/content/pkg/BILLS-117hr5145enr/pdf/BILLS-117hr5145enr.pdf [5] https://www.law360.com/articles/1598346/court-says-ai-company-did-not-infringe-copyright-in-music [6] https://www.gettyimages.com/about/news-and-insights/press-releases/getty-images-files-lawsuit-against-stability-ai-for-unauthorized-use-of-content [7] https://www.assemblee-nationale.fr/15/projets/loi/20230912-0000-0001.asp [8] https://www.assemblee-nationale.fr/15/rapports/document.asp?num=12011&sess=20230912 [9] https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12528-Artificial-Intelligence-Act [10] https://www.christies.com/features/The-Portrait-of-Edmond-de-Belamy-sold-for-432500-at-Christie's-5928-5.aspx [11] https://www.copyright.gov/policy/reports/public-domain/2021/pd-report.pdf

1. The debate over AI-generated content and copyright protection continues to grow, as seen in the French bill submitted to the National Assembly in 2023, which seeks to subject the use of protected works by AI to the prior authorization of authors or rights holders.
2. As AI continues to push the boundaries of creativity, with tools like AI Midjourney capable of creating works of art from a textual description, discussions around innovation, technology, and artificial-intelligence, particularly in relation to copyright, are becoming increasingly important for both AI developers and creators.

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