Artificial intelligence (AI) has transformed how we create, from generating stunning digital artworks to composing music and writing poetry. But as machines start creating what was once uniquely human, a pressing question arises: who owns the copyright in the work created?
AI and the Australian Copyright Framework
In Australia, copyright law protects “original works” created by a human author. This principle is central meaning, for a work to attract copyright protection, it must involve human creativity and skill.
AI systems, no matter how advanced, are not recognised as legal persons. Therefore, any content they generate without substantial human contribution may not qualify for copyright protection.
If however a person uses AI as a creative tool where they provide prompts, editing outputs, or combining AI-generated content with human input there may be enough originality for the human to claim authorship and hence the copyright would vest in the human author. The challenge lies in proving the extent of human involvement.
Who Owns AI-Created Works?
Ownership of AI-generated works depends on several factors:
- Human involvement: If a person substantially contributes to the creation, they may be considered the author.
- Software ownership: If a company develops proprietary AI tools, it might own outputs under contractual terms.
- Employment context: Works generated using AI within employment may belong to the employer, similar to other creative outputs created during employment.
Current Legal Gaps and Global Perspectives
While Australia has yet to amend its copyright laws to address AI authorship directly, other jurisdictions are experimenting with reform. For example, the UK explicitly states that the “author” of a computer generated work is the person who made the arrangements for its creation, a rule that might influence future Australian discussions.
As technology evolves, so must the law. Policymakers are watching how AI and human creativity intersect.
Practical Steps for Creators and Businesses
If you use AI in your creative process:
- Document your human input – Keep records of prompts, edits, and decision-making.
- Review licensing terms of AI tools – some restrict commercial use of generated content.
- Register your copyright where applicable, with clear attribution.
- Seek advice early from an IP lawyer if your business relies on AI-generated content.
At BrandU Legal, we help creators, startups, and businesses navigate the evolving copyright landscape ensuring your IP rights are protected even as technology redefines creativity.