Copyright in the Age of AI: Content, Images, and Ownership Risks

As of 2026, artificial intelligence has emerged as a prolific generator of textual, visual, and multimedia content, profoundly influencing industries from publishing to advertising. Platforms such as Grok, DALL-E, and Midjourney enable rapid production, yet they engender significant uncertainties regarding intellectual property rights. Traditional copyright frameworks, predicated on human authorship, confront formidable challenges posed by AI's reliance on expansive datasets and its capacity to replicate creative expressions.

Challenges in Training Data Acquisition

Contemporary AI systems are trained on voluminous datasets aggregated from public internet sources, encompassing images from repositories like DeviantArt and textual corpora from literary works. This methodology, termed data scraping, has precipitated numerous litigations. In the United States, The New York Times initiated proceedings against OpenAI in 2023, contending that its journalistic content was exploited without authorization to develop ChatGPT. Judicial interpretations diverge: certain precedents invoke fair use doctrines for transformative applications, whereas others classify such practices as infringement.

Visual artists encounter analogous predicaments. Getty Images commenced legal action against Stability AI, asserting that the Stable Diffusion model incorporated approximately 12 million watermarked photographs. Consequently, AI-derived outputs may inadvertently replicate protected elements, thereby undermining creators' commercial interests. Users of these technologies risk vicarious liability, irrespective of their direct involvement in data curation.

Attribution of Ownership Rights

Determining proprietorship of AI-generated materials remains contentious. The United States Copyright Office mandates demonstrable human authorship for registrability. Outputs solely derived from AI prompts, such as algorithmically produced landscapes via Midjourney, are ineligible for protection and enter the public domain. However, substantial human modifications may confer eligibility, as affirmed in a 2025 judicial decision pertaining to an augmented AI-generated image.

This ambiguity complicates commercial applications. Enterprises employing AI for content generation may assert untenable ownership claims. Select platforms, including Adobe Firefly, proffer models trained exclusively on licensed materials, though their compliance warrants scrutiny. The European Union's AI Act imposes obligations for disclosing training datasets, while China's regulations necessitate human supervision for copyright eligibility.

Imperatives and Liabilities in Visual Content

AI's proficiency in fabricating photorealistic imagery exacerbates vulnerabilities. Generated visuals frequently emulate safeguarded artistic styles, exemplified by prompts yielding "Picasso-esque" portraits. High-profile disputes, including Scarlett Johansson's claims against unauthorized voice simulations in AI advertisements, underscore extensions to visual deepfakes.

Furthermore, tools for image enhancement or synthesis complicate provenance. Processing public domain artworks through AI upscalers may yield outputs derivative of protected adaptations, rendering them non-copyrightable.

Strategies for Risk Mitigation

• Stakeholders are advised to implement the following measures:

• Select AI platforms with verified licensing protocols, such as those affiliated with Shutterstock.

• Maintain comprehensive records of inputs, prompts, and modifications to substantiate human contribution.

• Procure content from licensed repositories or consented AI datasets.

In conclusion, while AI augments creative productivity, it imperils established ownership paradigms. Proactive adherence to emerging regulations will be indispensable for safeguarding intellectual property in this transformative era.

S4Carlisle’s responsible AI commitment

At S4Carlisle, we help our clients adopt AI-generated content and images with confidence, responsibility, and long-term perspective. Our approach balances innovation with accountability, protecting clients from copyright, permission, and reputational risks while enabling the efficiencies of AI-driven workflows. By embedding human-led review, transparent AI disclosures, and ethically designed hybrid models into the content lifecycle, we ensure that AI-assisted outputs meet legal, sustainability, and quality expectations. Guided by a vision of responsible collaboration between human creativity and artificial intelligence, S4Carlisle supports clients today while contributing to a more ethical, trusted, and sustainable future for digital content creation.

Have questions about copyright and AI-generated content? Contact us at sales@s4carlisle.com.