How can we deny it? Artificial intelligence (AI) has burst forcefully into the realm of creativity and innovation, generating extensive debate about its impact on intellectual property. It’s no longer just about automating processes, but about AI’s ability to generate original content. Indeed, we can now see texts and musical compositions to paintings, videos, and even scientific inventions driven by this technology. The new and controversial scenario of AI and intellectual property raises critical questions about authorship and the protection of rights in creations obtained partially or totally with the intervention of the algorithms of the tool at hand. Such a situation challenges the current legal framework and demands new regulations adapted to this emerging reality.
AI and Intellectual Property: Who is the author of creations generated by algorithms?
One of the main dilemmas at the intersection of AI and intellectual property is the attribution of authorship. Currently, copyright regulations only recognize humans as legitimate creators, which leaves works generated by artificial intelligence in a gray area. To whom, then, does the ownership of this content and inventions belong?
The positions on this matter are varied. On the one hand, some believe that authorship should fall to the user who employs the AI, as they introduce the creative intention and direct the process. Others argue that the true responsible parties are the software developers, given that their work has made the tool’s existence possible. A third proposal suggests a hybrid model in which both share rights over the work. Some even propose the possibility that this content becomes public domain, allowing its free use.
Protection of Copyright and Patents in AI Creations
The advancement of AI is challenging both copyright rules and the patent system. To date, many legislations require an inventor to be a natural person. This requirement leaves inventions generated exclusively by artificial intelligence unprotected. This raises the need for new legal frameworks that reconcile AI and intellectual property, and recognize, at least, the indirect role of the AI creator in the invention process.
Some proposals suggest establishing mechanisms to attribute rights based on the degree of human intervention in the creative process. For example, if a person has used AI as a tool within a creative workflow, they could be recognized as the author. Conversely, if the AI operates completely autonomously, recognition could fall to its developer or, failing that, pass into the public domain.
Ethical Considerations and Balance in Innovation: Keys for AI and Intellectual Property
Beyond the legal sphere, the emergence of AI in intellectual property brings with it ethical implications. The ability to generate content automatically could lead to a monopoly in creative and technological sectors, reducing the demand for human professionals in these areas. Likewise, AI developers have invested years of work and large amounts of resources in creating these tools. Therefore, they deserve recognition and compensation for their impact on the industry.
In this sense, there are proposals that seek to balance these interests, such as the implementation of attribution and compensation models for AI developers. Some alternatives include granting them a percentage of the income obtained from creations generated with their software or requiring the inclusion of the AI system’s name in the credits of the created works.
Legal Dilemmas of AI-Generated Content Creation and Use
Beyond the issue of authorship, the relationship between AI and intellectual property in content creation poses a series of additional legal challenges. Among the most relevant are:
Privacy Rights and Image Rights
As we said, AI has the ability to generate images, videos, and other content that may include the representation of real people or use personal data. This raises questions about the protection of privacy and the consent of the individuals represented. It is essential that any work created by AI complies with current data protection and privacy regulations, ensuring that the identity or rights of third parties are not violated.
You can learn more about this topic by reading our post Impact of Artificial Intelligence on data protection.
Ethical and Moral Use of Generated Content
On the other hand, the social and labor impact of AI-generated content is another fundamental aspect to consider. The automation of creative processes can displace professionals in sectors such as music, writing, or graphic design. Evidently, this situation affects the value of human contribution to artistic and intellectual production. To avoid this risk, a balanced approach is required that promotes complementarity between AI and human creators, rather than a total replacement.
Adaptation of Intellectual Property Laws to AI
Given the exponential growth of AI in content production, it is essential to update intellectual property laws to reflect this new reality. From this perspective, regulations must guarantee the rights of both AI developers and users who employ these tools for content creation, ensuring fair and equitable regulation.
Controversies and Litigation in Full Development
While the discussion about the implications of AI and intellectual property continues, controversies and lawsuits are commonplace. By the way, almost all of them relate to copyright and intellectual property:
- Case of French newspapers against AI. In February 2025, a coalition of 40 French newspapers, led by Libération, filed a lawsuit against the news website News.dayFr.com. Specifically, it accused the portal of violating their copyrights by using AI to copy and distribute their content without authorization. This legal action seeks to have internet providers block access to the page in France to prevent the improper use of their journalistic material.
- Requests for regulation in the European Union. At the end of January of this same year, the European Grouping of Societies of Authors and Composers (GESAC) requested stricter measures from the European Union to protect creators against abusive practices by streaming platforms and the proliferation of AI-generated content. Among their demands, they highlight the requirement for greater transparency in the use of data by generative AI companies. Likewise, they request rigorous compliance with intellectual property legislation on the continent.
Even Paul McCartney enters the controversy
Indeed, the legendary musician Paul McCartney has joined the debate on intellectual property in the age of AI. Recently, the former Beatle urged the British government not to modify copyright laws in a way that favors technology companies to the detriment of creators. The governmental consultation raises the possibility that AI companies could train their models with copyrighted content without the need for explicit consent from rights holders. McCartney and other artists fear that this would undermine creators’ ability to maintain control over their works and weaken the UK’s creative industry.
These cases demonstrate that the relationship between AI and intellectual property is a constantly evolving field. In this area, regulations will need to adapt quickly to balance technological innovation with the protection of creators’ rights.
Do you have concerns about the relationship between AI and intellectual property?
At ISERN, we have been offering specialized solutions in industrial and intellectual property for a century. Our priority is to safeguard your innovation through the registration and legal protection of trademarks and patents. To this end, we develop innovative strategies based on Legaltech, guaranteeing the security of your assets.
If you have doubts about the possibility of registering a work or invention created with the support of artificial intelligence, we can guide you. We have a deep understanding of how technology is transforming creativity and productivity. With our help, you can explore options to harmonize AI and intellectual property, ensuring the protection of your creations.