Artificial Intelligence (AI) is reshaping the way we live and work. From writing blog posts to generating artwork, composing music, and even designing products, AI tools are now capable of creating content that appears original – but looks can be deceiving.

Unlike a human creator, AI doesn’t invent from nothing. Its ‘creativity’ comes from patterns, data, and existing materials it has been trained on, which often include copyrighted works scraped from the internet. Whether it’s a painting, a photograph, a song, or an article, that source material likely belongs to someone. This raises a fundamental legal question: if AI is built on someone else’s work, who owns the output?

With ongoing legal battles globally, including high-profile lawsuits against major AI companies, the intersection of copyright law and AI is becoming increasingly complex.

What does this mean for you?

Whether you’re a business, creator or developer, copyright implications apply on both sides of the equation:

· If you’re using AI to generate content you may unknowingly be benefitting from someone else’s protected material, potentially exposing you to copyright claims.

· If you’re a creator such as a writer, designer or photographer, your work may be used to train AI models without your consent. In some cases, this could be a breach of your intellectual property rights.

Anyone using your creative output without permission may be liable for copyright infringement, and as the law evolves the boundaries are being tested daily.

How you can safeguard your IP from AI misuse

· Be clear in your terms to prohibit the use of your IP for AI training or generative purposes

· Clearly display copyright notices online

· Share your creative work strategically and sparingly online and avoid uploading content directly to AI platforms

· Review terms of service of any AI platform before use

· Consider private GPTs for internal use – private AI models which are tailored to your company

How we can help

At Berry Smith we understand that businesses want to embrace innovation without falling foul of the law. Whether you’re using AI tools or concerned about your intellectual property rights being used without consent, we can support you with:

· Drafting or updating website terms and conditions to address AI usage

· Creating internal policies around AI generated content and compliance

· Reviewing copyright concerns and protecting your creative assets

If you’re unsure where your business stands on AI and copyright, get in touch with our team.