AI and copyright

New technology, new legal questions

Artificial intelligence (AI) offers unprecedented opportunities but also presents new legal challenges for businesses and organizations. In particular, the use of AI raises discussions in the area of copyright. Who holds the rights to content generated by AI? And what if copyrighted works are used as input for AI models?

BG.legal closely monitors these developments and advises organizations on the legal implications of AI, including the effects of the European AI Act and recent case law regarding generative AI systems.

AI and copyright protection

Can content generated by AI be protected by copyright? There are ongoing proceedings and discussions on this issue worldwide. The central question is: who qualifies as the creator when a work is not made by a human, but by or with an algorithm? And can copyright even arise in such cases?

We analyze current case studies and jurisprudence and advise you on the risks and opportunities of working with AI-generated content.

Use of protected works as AI input

Many AI systems are trained on existing works from third parties, such as images, music, or texts. When this occurs without permission, it can lead to copyright infringement. Companies using AI for commercial applications must handle this carefully to avoid claims.

We assist you in assessing risks, drafting terms of use, and setting up processes around permissions and accountability.

Our services

We provide support in:

• Compliance with AI legislation and copyright;
• Contracts and licensing terms for AI applications;
• Strategic advice on the use and protection of AI-generated content;
• Analysis of relevant case law and legislation;
• Checking whether the General-Purpose AI Code of Practice applies and whether the resulting obligations are met;
• Legal checks on input, output, and user rights.

Stay informed

Our team regularly publishes blogs and analyses on AI and copyright. Topics include:

• AI copyright protection in Europe and China;
• Use of trademarks or protected content in generative AI;
• Opt-out arrangements and European AI policies.

Do you need legal advice on AI and copyright? Contact our specialists at BG.legal.