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When AI content inspires intellectual property concerns

On Behalf of | Mar 11, 2024 | Entertainment Law |

There is no question that within the entertainment industry, artificial intelligence (AI) is emerging as a powerful tool for creating content. This technological advancement is presenting artists with new opportunities for innovation. However, it is also raising significant intellectual property (IP) concerns, particularly when AI-generated content closely resembles existing works. 

If you are an artist who is navigating these kinds of challenges – or who is “simply” anticipating them – understanding your rights and taking proactive steps is important. Making this effort can help you to better safeguard your IP and your rights as an artist more generally. 

Primary considerations

If you’re trying to be proactive, you’ll want to regularly monitor for potential infringements of your work. This involves keeping an eye on new AI-generated content in your field and assessing whether any of it may be too similar to your creations. There are various tools and services available that can help in monitoring and detecting potential infringements.

You’ll also want to familiarize yourself with the legal protections available for your work under copyright law. For example, copyright law protects original works of authorship, including literary, musical, dramatic, choreographic, pictorial, graphic and sculptural works, among others. Understanding the scope of this area of IP law and the rights it grants you is essential for identifying and addressing potential infringements.

Depending on the ins and outs of any given situation, you may decide to take legal action against creators or distributors of AI-generated content. This could involve sending a cease-and-desist letter, negotiating a settlement or filing a lawsuit. Taking decisive action can potentially deter further infringements and secure compensation for any damages suffered.

Navigating IP concerns in the context of AI-generated content requires vigilance, a solid understanding of your legal rights and a willingness to take action when necessary. Given all that it is at stake, don’t be afraid to seek legal guidance if and when questions and concerns arise.