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Copyright and Creative AI
Brass tacks for creatives using AI in their workflow and studio process.
Sonia SuperSonic
12 Feb • ~ Reading Time: 10 minutes
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Protected Use of AI in Creative Works
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TLDR 💡👀
The explosive development of artificial intelligence promises creative and commercial benefits on a scale rarely seen before. Yet, as AI continues to evolve, it places new strains on long-standing copyright principles that were designed to protect human originality. Under current U.S. law, copyright protection requires human authorship, which makes purely AI-generated works ineligible for copyright. Even carefully crafted prompts—often called "prompt engineering"—may not themselves establish authorship if the AI system truly drives the creative content.
According to the U.S. Copyright Office (USCO), meaningful human input that shapes the final output is crucial to securing copyright.
Country artist Randy Travis, who, after suffering a stroke, used a special-purpose AI tool to preserve his creative intent, was covered under the law for his highly personal use, being both the voice and the original artist).
Why Documenting Your Creative Process Matters
Keep meticulous records of prompts, revisions, data sources, and decisions.
There are 4 key benefits to being diligent with documentation of AI use in your creative process.
Clarify the Human Parts of AI Co-Creation: Detailed records identify the human-driven steps that shaped the final work. — an essential defense should you need to establish authenticity.
Collaboration: In collaborative AI projects as with software and design, documenting each phase of the work clarifies who contributed what, minimizing confusion about attribution or ownership.
Source of Record: Past prompts, iterations, and AI model selections become valuable data points that help creators refine future processes.
Demonstrates Ownership: Depending on the project's scope, this record-keeping can be as simple as storing version histories or as complex as maintaining logs of every prompt and output. Weigh the importance of record keeping against the actual risks when deciding but err on the side of good record keeping without adding extraneous labor (make sure the juice is worth the squeeze).
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Controlling the Use of Your Work in AI Training
Beyond questions of authorship, a second area of legal uncertainty involves using your works to train AI models. Some argue that such training might be covered by fair use, while others contend that it could infringe your rights—mainly when done without permission. If you wish to protect your creations from unauthorized AI training, consider these strategies:
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