In nearly every training session or speaking engagement, someone asks me:
“Who owns the intellectual property (IP) of content created using AI?”
And every time, I hesitate.
Not because I don’t want to answer, but because there isn’t a straightforward answer. The landscape is murky, shifting, and often contradictory – especially when it comes to common questions like, is AI generated content copyright or can AI generated content be copyrighted in Canada?
So, I turned to an expert: a Canadian tech lawyer. Here’s what I discovered.
It depends on the AI tool you use
Frustratingly, not all AI platforms operate under the same rules. Each has its own terms of service, which dictate what you can (or can’t) do with the AI-generated content it produces.
Some AI tools:
- Allow unrestricted use and commercialization of the outputs.
- Retain partial ownership of the content you create.
- Restrict commercial use of the generated material.
- Incorporate your creations back into their training data, potentially affecting confidentiality and exclusivity.
Before you even consider ownership, it’s crucial to scrutinize the fine print of the AI tool you’re using – especially as it relates to ai generated content and copyright.
Canadian copyright law requires human authorship
Under current Canadian copyright law, protection is typically granted to works that are the product of human skill and judgment. The Copyright Act doesn’t explicitly address AI-generated works, leading to ambiguity. (osler.com)
This means that if a piece is created solely by an AI without significant human intervention, it’s unclear whether it qualifies for copyright protection in Canada.
Even owning AI-generated content doesn’t eliminate risks
Let’s say:
- You choose an AI tool that permits full commercial rights.
- You incorporate substantial human creativity, potentially qualifying the work for copyright protection.
You’re in the clear to use it as you wish, right?
Not necessarily.
Here’s a possible scenario:
- An AI model is trained on copyrighted material without proper authorization.
- You input a prompt into this AI.
- The AI generates content that inadvertently includes elements from the copyrighted material.
- You publish this content without realizing its origin.
- The original rights holder discovers the similarity.
In this case, even if you have rights to the AI-generated content, you could still face legal action for infringing on someone else’s IP.
As the tech lawyer I spoke to explained:
“Just because you believe you own the IP doesn’t mean you’re free from the risk of infringing on another’s IP.”
In short: it’s a legal minefield.
Recent developments in Canada
The Canadian government is actively examining these issues.
In October 2023, a public consultation titled “Copyright in the Age of Generative Artificial Intelligence” was launched to address the complexities surrounding AI and IP rights. (fasken.com)
Then in November 2024, major Canadian media companies, including The Globe and Mail and CBC/Radio-Canada, filed a lawsuit against OpenAI. They argued that their content was used without permission to train AI models, This case highlights the growing demand for clearer legal guidelines around ai generated content and copyright in Canada.. (theguardian.com)
Where does this leave us?
AI-generated content exists in a legal gray zone in Canada. As technology outpaces legislation, creators and users of AI-generated works must approach how they use AI carefully and thoughtfully.
Key takeaways:
- Always review the terms of service of any AI tool you use.
- Incorporate significant human creativity to support ai generated content copyright protection.
- Stay informed about ongoing legal developments and consultations in Canada.
- Seek expert guidance when you are unsure, especially if you’re wondering, is ai generated content copyright protected or can ai generated content be copyrighted?
The conversation around AI and IP rights is just beginning, and staying informed is the best way to reduce risk and stay ahead.
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