The emergence of artificial intelligence (AI) in the creative scope is transforming the way cultural and artistic content is envisaged, produced and distributed. From music and literature to film and visual arts, AI-based tools have opened up new possibilities, but also entail significant copyright challenges.

The emergence of AI in the creative sector has marked a turning point in the management of Intellectual Property rights, generating a number of challenges in terms of protecting creations.

The main challenges facing the use of AI in creative processes relate to:

• Authorship of works generated with AI: Intellectual Property is based on the premise that a human author or natural person must be involved in order to protect a work. The ability to determine when there is sufficient human creative input and when there isn’t will be key for registration offices and courts.

• AI training with protected material: Aligning the development of AI models with the right of copyright holders to control the use of their works is another major challenge. In domains like the European Union, the scope of exceptions such as Data Mining is debated, while in other territories, regulations continue to differ.
• Disparity between countries: Regulatory inequality as regards copyright in relation to AI hinders overall content and rights management.
• Enforcement: In view of the legal framework, the challenge is to make protection effective and take into consideration the differences that may exist in each jurisdiction.

The role of Intellectual Property (IP)

In this context, Intellectual Property becomes an essential strategic tool for balancing technological innovation and the protection of creation. Effectively managing protectable assets makes it possible to preserve creative value and foster an environment of respect for creators.

IP works in the process of managing and protecting copyright as follows:

• Analyses and audits protectable assets.
• Defines and designs a protection strategy adapted to each type of creation.
• Creates a suitable licensing, rights assignment, and monetisation strategy.
• Proactively conducts digital surveillance and monitors potential infringements.
• Promotes education and training in copyright management.
• Plans a rights renewal and maintenance strategy.

 Why is it important to have an IP strategy?

Implementing a suitable IP strategy to protect copyright in a context where AI plays an important role is essential to:

• Safeguard creative assets against unauthorised use.
• Protect the exploitation of assets.
• Avoid legal conflicts arising from infringements.
• Strengthen the organisation’s reputation and market value.
• Ensure that we can use third-party protectable assets on our online channels.

In short, the combination of human creativity and AI-based technologies presents major opportunities, but also requires establishing strong boundaries and protection mechanisms. Committing to a culture of respect for creators and establishing a well-structured Intellectual Property strategy is the best way to protect assets, promote innovation, and preserve the cultural sector’s sustainability in the digital age.

Learn all about how a suitable management and protection strategy for your creations can help you overcome the challenges posed by this new technological setting.