Who Owns IP for AI-Generated Content?
Navigating Rights in Media, Entertainment, and Marketing.
AI-powered creativity is no longer on the horizon — it’s here. Across media, entertainment, and marketing, generative AI (GenAI) tools are scripting storyboards, composing music, designing campaigns, and editing trailers at unprecedented speed. But alongside this creative explosion comes a thicket of legal uncertainty: who really owns the rights to AI-generated or AI-assisted content?
This question isn’t just academic. It strikes at the heart of monetisation, distribution, and risk in industries where intellectual property is the cornerstone of value.
This article will review the current landscape, explore real-world examples, and — crucially — outline practical steps companies can take today.
The legal foundations: AI and copyright law
Intellectual property law has traditionally assumed that creativity flows from humans. Copyright protection has historically required human authorship—a principle now challenged by AI’s growing creative capabilities.
In the U.S., courts and the Copyright Office have maintained firm positions: content generated by AI systems without substantial human creative input cannot receive copyright protection. The landmark 2023 ruling against Kris Kashtanova illustrates this principle in action as their AI-generated graphic novel visuals were denied copyright protection (Reuters).
In the UK, the law allows for limited exceptions — notably, the person who makes the “arrangements necessary” for creating a computer-generated work may be deemed the author. But what counts as “necessary arrangements” in an AI workflow is still legally grey.
For marketing teams using generative AI tools, this means that catchy slogans or AI-designed brand visuals might not enjoy traditional IP protection unless they include substantial human creative direction.
Inputted content: When human effort meets machine creativity
When humans supply the vision, context, and inputs to guide AI tools, they shape the final product. For instance, a video producer feeding a detailed creative brief into Runway’s Gen-2 tool contributes more than just a prompt — they inject narrative intent and aesthetic judgment.
Legally, this human element could bolster claims of authorship. However, most AI platforms still retain expansive rights over the content produced. OpenAI, for example, grants users ownership of their outputs but reserves rights to use inputs and outputs to improve its models, unless users opt out (OpenAI Terms of Use).
This creates a dual ownership scenario where creative professionals may own their specific outputs while platform providers retain certain usage rights to the same content.
Case studies across industries
Netflix: AI-Enhanced Animation
Netflix’s use of AI for background generation in anime-style productions illustrates how AI can be used as an enhancer rather than a creator (The Verge). Human-led storyboarding and creative direction remain key, helping preserve IP rights for the final works.
Grimes: Embracing AI-Generated Music
NeArtist Grimes took a proactive stance by inviting creators to use her AI-generated voice, offering a 50/50 royalty split (The Guardian). By framing it as a license, Grimes kept control while encouraging AI creativity.
Coca-Cola: AI-Generated Marketing Campaigns
Coca-Cola’s “Create Real Magic” campaign invited fans to generate artwork using DALL·E and GPT models (AdAge). The campaign terms clarified that submissions granted Coca-Cola a broad license for marketing use — an example of clear contractual protection in an AI-enabled marketing initiative.
Marketing’s grey area: Risks and rewards
Marketers are racing to use generative AI for hyper-personalised content at scale. AI-generated taglines, social posts, and visuals can cut through the noise — but without clear IP ownership, risks loom large.
- Brand identity risks: When IP rights remain unclear for AI-generated brand elements like taglines or visual motifs, competitors might repurpose these assets without clear legal recourse.
- Compliance & licensing: AI systems trained on vast datasets may inadvertently incorporate copyrighted elements from their training data, potentially creating downstream legal exposure for organisations using these outputs.
- Authenticity challenges: As audiences become increasingly sophisticated regarding AI-generated content, a lack of transparency about AI utilisation can undermine brand trust and perceived authenticity.
Solution: Marketing teams should treat AI like a creative intern: useful, but needing supervision. Ensure human oversight and layer in contractual safeguards.
Resolutions for the ownership grey zone
Until laws catch up, proactive strategies are essential. Here’s how media, entertainment, and marketing leaders can protect their interests:
a. Clarify contracts early
Develop comprehensive contracts with AI vendors and creative collaborators that explicitly address IP ownership and licensing terms. Clearly define who owns final outputs, derivative works, and rights to utilise the underlying data or concepts.
b. Document human contributions
Maintain detailed records of creative briefings, iterative human edits, and creative decision-making processes throughout AI-assisted projects. This documentation creates an evidence trail supporting claims of meaningful human authorship.
c. Leverage existing licensing models
Consider adopting innovative approaches like those demonstrated by Grimes—utilising clear licensing agreements or revenue-sharing models that acknowledge both human and AI contributions while establishing definitive usage rights.
d. Monitor legislative changes
Maintain awareness of emerging legislation, particularly in jurisdictions like the European Union where AI-specific IP frameworks are under active development. Early compliance preparation will minimise future disruption.
e. Consider hybrid human-AI creation models
Design creative processes that ensure significant human creative input and editorial control shape final outputs. Beyond strengthening potential IP claims, this approach typically produces higher-quality content that better serves strategic objectives.
Conclusion: IP in the age of AI creativity
Generative AI is reshaping the creative industries, offering extraordinary potential — but with it, unprecedented IP ambiguity. For media, entertainment, and marketing professionals, the key isn’t to fear the grey areas but to navigate them skilfully. By combining human ingenuity with clear contractual protections and vigilant oversight, companies can unlock AI’s full potential while safeguarding their rights and reputation. The future of creativity is collaborative — between humans, machines, and the evolving laws that will govern them.
