A human-made work has authorship, a machine-made work does not. A creative human contribution is required in a text, image, audio, or video so that copyright is not missed. If you follow our recommendations, there are further advantages in addition to copyright: the human share in the content can relieve you from the obligation to use an AI label under the AI Act of the European Union. And it can strengthen trust and willingness to pay. Merely operating a machine, assuming final responsibility for an output, or calling yourself an artist is not sufficient.
The five key decisions in the production of copyright-protected works are:
Human v. machine. The human is decisive. Copyright exists only for elements contributed by a human. AI elements are not protected. They are harmless as long as they do not eliminate human creativity. So: Ensure that specific humans are involved in the creation of the work.
Form v. content. The form is decisive. Legally, not all human inputs are protected, even if they are creative. Protected are expression, selection, arrangement. Not protected are ideas, information, inspirations, even if they are original. So: Make sure that the right kind of creativity is recognizable in the work.
Process v. content. In co-production with AI, the process is decisive. In the AI era, human creativity is less clearly recognizable in the object. Therefore, looking at or analyzing the content is no longer sufficient. The production steps and interaction (prompts etc.) are increasingly important. So: Define and document the creation of the work and the human influence in all steps.
Evidence v. assertion. In a serious case, evidence is decisive. Without copyright or register rights (patent, trademark, design), published content is in the public domain and without protection. In copyright, the rights holders bear the burden of proof. Evidence consists of statements and expert opinions – and above all: documents. So: At least for important works, consider encrypted storage of files and prompts (e.g. MyCopyright by ProLitteris).
Transparency v. deception. The recommendation is transparency. The use of AI can have legal disadvantages if copyrights fall away and if the content deceives the audience. For potentially deceptive texts, images, audio, and videos, the European AI Act provides for labeling. So: Decide when and how you claim the ©, name the authorship (authors) and label AI output.
Anyone who wants to act correctly in copyright in the AI era and secure assets will set these five key decisions correctly. The sometimes mentioned AI shares in percentages are not helpful. More important is the process in which human drafts and decisions shape the course and the content: concept & design, sketches & drafts, execution & production, corrections & quality assurance.
Within the scope of what is possible in customer service, ProLitteris can advise you.