Copyright in Artificial Intelligence–Generated Content: Between Law, Technology, and the Future of Humanity
Author: Viktoriia Chernenko, Attorney at Grain Law Firm
Artificial intelligence has long ceased to be a concept of science fiction. Today, it creates texts, images, music, videos, software code, and even complex analytical materials. Technologies that only a decade ago seemed experimental are now integrated into the everyday operations of businesses, media, creative industries, and public administration.
Along with these capabilities, a fundamental legal question arises: who owns the rights to content generated by artificial intelligence, and who bears responsibility for its use? The answer lies at the intersection of copyright law, information technology, and the evolving concept of human responsibility in the digital age.
The Ukrainian approach: a forward-looking legal model
Ukrainian copyright legislation is among the more progressive frameworks in regulating AI-generated content. In 2022, the updated Law of Ukraine “On Copyright and Related Rights” entered into force, modernizing traditional approaches to intellectual property protection and directly addressing content generated by computer programs.
A key innovation was the introduction of a sui generis right for non-original objects generated by computer programs without direct human creative involvement. This reflects the legislator’s awareness of technological challenges and an intention not merely to react to developments, but to proactively shape the legal framework.
In essence, Ukrainian law recognizes that artificial intelligence produces economically valuable results that require legal protection, but which cannot be equated with classical copyright works.
What constitutes AI-generated content
AI-generated content is the result of a computer program that, based on algorithms, machine learning models, and large datasets, autonomously produces texts, images, audio, video, or other types of works.
Ukrainian law clearly distinguishes between two fundamentally different scenarios.
The first scenario involves a work created by a human using artificial intelligence. If a natural person exercises creative control over the process, makes key decisions, defines the concept, edits outputs, and shapes the final result, the object is considered a traditional copyright work and is protected under copyright law.
The second scenario concerns a non-original object generated by a computer program without human creative input. Such objects fall under Article 33 of the Law of Ukraine “On Copyright and Related Rights” and are protected within the framework of sui generis rights.
Thus, in legal terms, AI-generated content is not a “work” in the classical sense but a separate, independently protected legal object.
The use of publicly available materials: where is the boundary?
The widespread assumption that photos or videos in the “public domain” can be freely used for training or generating AI content is legally incorrect. Public accessibility does not eliminate copyright or related rights.
The law explicitly provides that if copyrighted works are used in the creation of AI-generated content, the rights of the original rightsholders must be respected.
In practice, this means the following:
- the use of materials under open licenses (such as Creative Commons or public domain) is permitted within the terms of those licenses;
- the use of third-party photos, videos, music, or texts without authorization creates legal risks;
- even if the resulting output is transformed or modified, this does not eliminate legal liability.
Artificial intelligence does not abolish copyright; it merely complicates the chain of responsibility.
Who is the author of AI-generated content?
Artificial intelligence cannot be considered an author in the legal sense. It lacks legal personality, intent, and the capacity to bear responsibility.
For non-original objects generated by computer programs:
- moral (non-property) rights do not arise;
- a sui generis right arises instead.
The subjects of this right may include:
- developers of the computer program;
- rights holders of the software;
- licensed users;
- other persons expressly defined by contract.
The key principle is clear: there is no classical author, but rights to the result still exist.
Liability for the use of AI-generated content
Liability cannot be attributed to an algorithm. It rests with the individual or company that:
- uses artificial intelligence;
- distributes generated content;
- derives commercial or other benefit from it.
Violations arising from the creation or use of AI-generated content are treated as copyright infringements and may be subject to judicial enforcement.
In simplified terms, the rule is straightforward: the initiator of AI use is responsible for the outcome.
Artificial intelligence and the erosion of human skills
The challenge of the current stage of AI development is not limited to technology alone but extends to a gradual dependency on it. Artificial intelligence increasingly replaces human functions that once required knowledge, experience, and skills. This loss often occurs imperceptibly, under the guise of convenience and efficiency.
Examples include:
- loss of orientation and spatial reasoning skills due to reliance on navigation systems;
- reduced memory capacity due to dependence on digital assistants;
- deterioration of written communication skills as language formulation is delegated to algorithms;
- outsourcing decision-making to recommendation systems;
- disappearance of creative initiation skills, where ideas are requested rather than generated.
AI does not take away skills by force—humans gradually surrender them voluntarily.
The future: between control and autonomy
Legally, artificial intelligence is not a subject of law. Technologically, it is constrained by predefined models. However, history shows that any system without clear boundaries may eventually exceed its intended limits.
The real risk is not a “machine uprising,” but rather the gradual loss of human autonomy, critical thinking, and core competencies.
Artificial intelligence has already become (and will remain) a foundational element of modern life. For this reason, its development must be accompanied by robust safeguards—legal, technological, and cognitive. The question of acceptable limits for AI influence on human activity must be addressed today.
Failure to do so risks a future in which technology defines the boundaries of human freedom, rather than the other way around.