Breaking: Ruling in AI Copyright Case

Another Precedent-Setting Case Ruling This Week

AI Generated content is deemed ineligible for copyright. What does this mean for marketing and advertising?

The federal judge's ruling in this case, which upholds the finding from the U.S. Copyright Office that art created by AI is not eligible for copyright protection, could have significant implications for marketing departments. The ruling emphasizes the importance of human authorship in copyright law and asserts that copyright protection is only granted to works generated by humans.

The basics of the case are as follows: the plaintiff, Stephen Thaler, the plaintiff in this case, owns a computer system named the "Creativity Machine" that produced an artwork. Thaler sought copyright registration, listing the computer system as the creator, with himself as the machine's owner. However, the Copyright Office denied the application, citing the absence of human authorship—a prerequisite for valid copyright.

The case subsequently advanced to the US Federal courts for review, centering around the core legal question of whether AI-generated works are eligible for copyright protection.

Ultimately, the court denied copyright protection for AI-generated content, affirming that copyright only extends to works originating from human creators.

So what does this mean for Marketing Departments?

Let’s get into this because it is very interesting. There are some upsides and some downsides here that everyone should be aware of:

Content Authenticity: The ruling reinforces the idea of content authenticity in marketing campaigns. Marketing departments may need to ensure that the content they produce and use is genuinely authored by humans to secure copyright protection.
Pro: Departments are unlikely to have legal issues for using AI content at this time, as the ruling prohibits any soley-AI generated content from receiving a competing copyrights.
Con: Copyrights will not be obtainable unless you can demonstrate significant human involvement.

Creative Collaboration: The ruling could encourage marketing departments to emphasize the value of human creativity and collaboration in content creation.
Pro: For workers this means that marketing and design teams are unlikely to be replaced by some of these AI applications that are coming out.
Con: As AI artwork proliferates, professional teams are likely to feel pressure to distinguish their campaigns with artwork that is not AI generated.

AI-Generated Content Strategy: If AI-generated content is not copyrightable, marketing departments might need to rethink their strategy around such content. They may decide against AI-generated materials and instead focus on human-driven creative efforts.
Pro: Marketing teams are more secure in their roles as their creative products are less likely to be automated by AI.
Con: Some of the new automated tools will not be useful for professional teams.

Licensing and Permissions: There is a question about how licensing agreements with AI creators might eventually pan out. Right now usage is open source, but it may not remain this way.
Con: We will need to keep an eye on new types of partnerships and agreements, where AI-generated content is treated as a separate entity for licensing purposes.

Risk Management: With the legal landscape around AI-generated content clarified, marketing departments might prioritize risk management to avoid potential legal issues related to copyright infringement.
Cons: More oversight might be required in your departments relating to any AI content that is used.

We are in uncharted territory.

Additional cases will likely test the boundaries of legal protections for AI products and innovations. Multiple ongoing cases related to AI are before the courts. It will be interesting to follow these cases, which may have a real impact on this burgeoning technology.

This judgement underscores the fundamental role of human authorship in copyright law. Marketing departments to may need to consider this in their content planning in their efforts as AI begins to make an impact on content.