AI Video Generation & Copyright Laws: What You Need to Know

Who owns AI-generated videos?

AI videos are created by tools, not humans. Hence, one of the most common questions often discussed is who owns AI-generated videos. Are the AI tool providers the owners? Or are the owners the humans who gave the command to the tool?

When humans create videos through traditional methods, the copyright is granted to them. However, determining ownership of AI videos is complicated. Here are some factors to consider:

Here are some best practices to follow:

• When videos are created with AI tools, they may not be eligible for copyright protection
• If there is a considerable amount of human contribution in creating an AI-generated video, for example, editing, scripting, or directing, they may be considered the copyright owner
• Certain AI tool providers have terms that grant them ownership or co-ownership of the content generated through their tools, hence they become part or full owners

Can AI videos be copyrighted? What is the law?

According to the US Copyright Office, content created by non-humans, meaning machines, cannot be copyrighted. The reasoning for this lies in the way AI tools are designed to work with data. AI tools identify patterns in data to create new content. This means, to generate new content, it is looking at the work that was created by humans.

For example, say an AI tool is asked to create music that sounds like Beethoven’s music, or to create a video that looks like the movie Avatar. Legally, the tools that create this content, cannot be considered the author because they have been created from copyrighted and protected material available on the internet. So can it be copyrighted?

Copyright issues with AI-generated content

Let’s consider some issues related to the copyright of AI-generated content:

1. Use of copyrighted material to create AI videos

AI tools use material that is available online to create new videos. If the material the tools use is copyrighted and protected, and the final output of the AI tools shows resemblance to copyrighted material, there could be legal challenges.

However, some AI tools are trained to avoid copyrighted and protected material. Using these AI tools can help keep legal issues at bay. However, it is complicated and one can never be 100% sure about it.

• Choose AI tools that use licensed or publicly available data
• Use AI-generated video elements as a starting point and make edits to customize it to avoid obvious replication
• Seek legal advice when using AI-generated videos and content for commercial use

2. Fair use considerations

In certain cases, AI-generated content qualifies for ‘fair use’. What does that mean? It means it can use limited copyrighted material without permission. But again, what is ‘limited’? Fair use scenarios can be complicated and complex to understand.

Fair use depends on some factors. Considering these factors before creating or using AI-generated videos that use copyrighted help avoid legal challenges. These are some of the factors to consider:

• The end purpose of the AI-generated video - whether it is commercial, educational, etc.
• The amount of copyrighted material used to create the AI video
• How is the original material affected with the use of the AI video created out of it?

3. Deepfake videos and legal risks

Deepfake videos are created using AI tools to mimic real people and real scenarios. These videos are often used to deceive. They are not real but are published and circulated as real. Deepfakes videos are often considered unethical and can have legal risks.

Creating and using deepfake videos can lead to:

• Privacy violations
• Defamation lawsuits
• Copyright infringement if the deepfake video is created using copyrighted material

How to stay compliant when creating and using AI videos

• When creating AI-generated videos, obtain permission if using copyrighted material
• If creating deepfake videos, obtain permission
• Avoid using AI videos and deepfake videos for the purpose of deception or spreading misinformation
• Follow updated rules and regulations around the use of AI videos in specific countries
• Mention the sources used to create the AI video, if possible
• Understand the legalities around using AI videos

How businesses can protect themselves when using AI videos

Businesses using AI videos for commercial, marketing, educational, advertising, training, and content creation, can follow some best practices and checklists to protect themselves.

1. Understand the AI tool’s licensing

When using AI tools, ensure you go through its licensing terms. These terms usually mention important details about copyright, ownership rights, and other related factors. This also means you must choose platforms that provide clear copyright guidelines, and avoid those that have ambiguity.

2. Create original content

One of the best ways to use AI for creating content, including videos, is to use AI tools and customize the AI-generated content with original elements that are human made. By doing so, you can remove resemblance to existing and copyrighted content. It is also advisable to use only licensed music, stock footage, and images that allow free usage.

3. Secure legal agreements

Ensure you obtain licenses when using third-party material for creating AI content. Some content and material owners allow usage if their name is mentioned in credits. Make sure the usage rights are contractually defined when using AI-generated voice, images, avatars, etc.

4. Keep a track of copyright laws

Regulations, rules, and laws keep changing and evolving. Hence, it is best to stay updated on new regulations and data usage policies. Policies also depend on regions and countries, hence, this should be considered. And whenever there is a doubt, it is best to consult legal professionals.

AI and copyright laws followed by countries

The US Copyright Office states that only content with human authorship can be copyright protected. It states, “Copyright has never stretched so far as to protect works generated by new forms of technology operating absent any guiding human hand.”

The European Union states something similar, that AI-generated content is only eligible for copyright, “If the human input in the creative process was significant.” China recognizes AI-generated content under specific conditions and grants it copyright protection when there is a significant amount of human input.

UK’s law allows copyright to content that is, “Generated by a computer in circumstances such that there is no human author of the work.”

FAQs

1. Can AI-generated videos be copyrighted?

Whether AI-generated videos can be copyrighted or not depends on various factors, such as the rules and laws followed by the AI tool, different companies involved, location/country, among others.

2. Can AI tools or companies be sued for copyright issues?

Yes, there are several lawsuits filed against AI companies for copyright infringement. However, the end result of these lawsuits may go in the favor of either party due to ambiguity around AI copyrights.

3. How can copyright infringement be avoided in AI content?

Review terms of service, license agreements, contracts, and copyright policies when using AI tools. Avoid use of copyright material, clarify the purpose of the AI content, and keep updated with AI copyright laws.

4. Which is the best AI video tool for making AI-generated videos?

There are many AI tools to create videos. For example, Videomagic is a preferred tool to create videos that help viewers engage, understand, and remember content.