AI vs Artists: Who Owns the Rights to AI-generated Content?

AI in Art & Media: A Double-Edged Sword

Artificial Intelligence is no longer just a futuristic concept—it’s actively shaping the creative industries. From AI-generated paintings winning art contests to AI-crafted music mimicking superstar vocals, its influence is undeniable. But with this rise comes controversy and artists are forced to ask themselves: who owns the rights to AI-generated content?

Take Netflix’s True Crime Documentary: What Jennifer Did, where an AI-generated image slipped into the production, sparking debate. Coca-Cola’s 2023 Christmas ad, entirely AI-generated, reignited concerns about authenticity in advertising. In music, a 2023 TikTok sensation titled NostalgIA used AI-cloned voices of Bad Bunny and Bad Gyal—without their consent. These cases illustrate AI’s ability to create, but at what ethical and legal cost?

Legal Grey Areas: Who Owns AI-Generated Work?

Under U.S. copyright law, only original works created by humans can be copyrighted. The landmark Thaler v. Perlmutter case (2023) confirmed that AI-generated works, with no human involvement, are not copyrightable. However, the battle isn’t over.

In Andersen v. Stability AI Ltd. (2024), artists sued AI companies for training models on their work without permission. Although the court rejected the idea that AI-generated outputs could be considered derivatives of copyrighted material and are therefore not subject to copyright protections, some loopholes remain. 

Copyright law protects original expressions (images, audio, video) but not an artist’s likeness or voice as seen in 17 U.S. Code § 102. This means AI voicebanks that replicate an artist’s voice may not violate copyright  —unless they use copyrighted lyrics or recordings. 

In certain states, right of publicity laws protect an individual’s name, image, and likeness (NIL), including AI-generated voice, from unauthorized use. However, the scope of these protections varies by state. For example, in Florida, the right of publicity applies specifically to the use of a person’s NIL for advertising or commercial purposes. Understanding these differences is crucial for ensuring proper protection against infringement.

Understanding copyright law is crucial for protecting your creative work from loopholes like these. For a deeper dive into how the music industry navigates these legal complexities, download our free resource, The Music Industry Ecosystem—your guide to safeguarding your work and expanding your career.

Challenges for Human Artists

AI models scrape millions of artworks, songs, and written pieces to train their systems—without compensating creators. This raises serious ethical and economic concerns:

• Unpaid labor: AI companies profit from artists’ work without compensation.
• Job displacement: AI-generated voicebanks threaten voice actors, while AI-enhanced VFX reduce demand for traditional animators.
• Creative stagnation: AI-generated content often lacks originality, recycling past works instead of innovating.

Hollywood is already using AI for de-aging effects, as seen in Indiana Jones and the Dial of Destiny (2023). Meanwhile, some artists have embraced AI tools to streamline their creative processes. The debate rages on: Is AI a tool for democratizing art or a threat to authentic creativity?

Protecting Creativity: What Artists Can Do Now

Artists are fighting back, using legal and technological tools to safeguard their work. Here’s how:

• Register Your Work – Copyright registration strengthens legal protection against infringement.
• Use Protective Measures – “Masking” tools can make artwork harder for AI to scrape.
• Negotiate AI Clauses in Contracts – Specify restrictions on AI-generated replicas in licensing agreements.
• Support Legislative Action – Two proposed U.S. bills aim to protect creators:
  • No AI FRAUD Act: Would establish intellectual property rights over an artist’s voice and likeness.
  • NO FAKES Act: Would penalize unauthorized AI-generated digital replicas.

As AI’s role in creativity grows, so does the need for legal clarity. The industry must balance innovation with understanding who owns the rights to AI-generated content—before AI reshapes art beyond recognition.

Where do you stand? Is AI a creative tool or an artistic threat? Join the conversation.

For personalized advice on navigating the complexities of AI and intellectual property, schedule a consultation with our Entertainment Law team.