Artificial intelligence has become an everyday business tool—powering marketing campaigns, drafting product descriptions, generating artwork, and even creating music. But while AI makes content creation faster than ever, it raises a serious question many businesses overlook: Who actually owns AI-generated content? As courts and regulators around the world continue to define the rules, understanding the risks and limitations is essential for any company using AI in branding, design, or creative work.
One of the biggest issues today is that purely AI-generated work often cannot be protected by copyright. Legal authorities in multiple countries have made it clear: copyright requires meaningful human creativity. This came into focus when the U.S. Copyright Office rejected registration for artwork created by the AI system “DABUS,” ruling that works created solely by machines cannot be copyrighted. Similar decisions abroad echo the same principle. For businesses, that means an AI-generated logo or marketing graphic might be impossible to protect—and could be copied freely by competitors.
Recent viral moments in pop culture show how messy AI-driven creativity can get. Think of the AI “Drake” and “Taylor Swift” songs that blew up online—tracks created without the artists’ involvement. Those songs were quickly pulled, not because AI made them, but because they used protected likenesses and vocal styles without permission. It’s a perfect example of how AI can unintentionally infringe on copyrights, trademarks, or publicity rights. Businesses can face similar risks if the AI tool they use relies on copyrighted materials or mimics styles too closely.
So what should companies do? First, treat AI as a tool, not the creator. Make sure a human is giving meaningful creative input—something more substantial than typing in a prompt. That human involvement can make the difference between a protectable work and one that falls into the public domain. Second, check the terms of service of the AI tools you use; some platforms claim partial ownership over the output. Third, avoid feeding confidential or proprietary information into AI systems unless you are certain it’s protected. And above all, consult an IP attorney before relying on AI outputs for branding, product design, or marketing.
AI is here to stay, and it’s transforming how companies operate. But with rapid innovation comes new legal challenges—and new opportunities. Businesses that understand how AI and Intellectual Property intersect can protect their brands more effectively and avoid costly legal mistakes. If you’re using AI in your creative or operational workflow and want to make sure your IP rights stay secure, our firm is here to help you navigate this evolving landscape with confidence.