What Are the Risks Around Intellectual Property With AI-Generated Content?

The rise of AI-generated content introduces several intellectual property risks that businesses and creators need to understand. 

1. Copyright Uncertainty
Most jurisdictions require human authorship for copyright protection. Content created entirely by AI may not qualify, meaning it could be freely used by others without legal recourse. Even when humans contribute to shaping or curating AI outputs, the threshold for what counts as sufficient creative input remains unclear, creating a grey area in ownership rights.

2. Risks Around Training Data
AI models are often trained on large datasets that include copyrighted material. The legality of using such content without explicit permission is being challenged in multiple court cases, leaving companies exposed to potential infringement claims. While some rights holders offer licenses, others continue litigation, which adds uncertainty for organisations relying on AI-generated outputs.

3. Trademark and Patent Considerations
AI can inadvertently produce names, logos, or inventions that conflict with existing trademarks or patents. Notably, patent systems generally do not recognise AI as an inventor, which raises questions about ownership and enforceability for inventions generated with AI assistance.

4. Personal and Likeness Risks
AI-generated images, audio, or video can imitate real individuals, creating exposure to claims related to personality rights or deepfake regulations. This area is evolving quickly, and companies need to be mindful of how they deploy AI in ways that could impact personal rights.

5. Broader Business Implications
Without clear IP protections, AI-generated content can be difficult to monetise or control, which poses a risk to business models built around creative outputs. Governments are actively reviewing IP laws to address these challenges, but current rules are still catching up with the technology.

In short, while AI opens up extraordinary creative possibilities, organisations must approach AI-generated content with a strategic awareness of legal uncertainties, ownership questions, and potential exposure to infringement claims.