How AI and copyright law are changing—and what you need to do about it

The rapid rise of artificial intelligence (AI) has sent shockwaves through the legal landscape, especially in copyright law. Two recent reports from the U.S. Copyright Office highlight major issues surrounding AI-generated content and deepfakes, and they outline potential legal changes that could impact businesses, creators, and consumers. The key question now is: what should you do to stay ahead of these changes?

AI-Generated Content and Copyright Protection

The Copyright Office reaffirmed that copyright protection only applies to human-created works. AI-generated images, music, or text do not qualify for copyright unless a human exerts significant creative control. Simple text prompts like “create an image of a robot in a city” are not enough to claim copyright on the AI’s output. If you modify or significantly arrange AI-generated content, your unique contributions may qualify for protection.

The Rising Threat of Deepfakes

AI can now create highly realistic fake voices, images, and videos of real people—leading to fraud, misinformation, and privacy violations. Existing laws (like the right of publicity and consumer protection laws) are not strong enough to address the risks of deepfake misuse. The Copyright Office is pushing for federal legislation to protect individuals from having their likeness used without consent.

Key Considerations for Businesses and Content Creators

For businesses and content creators, being transparent about AI use is crucial. If you use AI in content creation, disclose it clearly, as platforms and clients may start requiring this to comply with upcoming regulations.

• Claim copyright for human contributions – AI-assisted content can be copyrighted if you add significant creative input. Focus on how you modify, select, or arrange AI outputs to ensure you can claim authorship.

• Review contracts and licensing agreements – Ensure contracts with AI tools and platforms clearly define ownership of AI-generated works to avoid legal uncertainties.

Legal Guidance for Attorneys and Professionals

For attorneys and legal professionals, advising clients on AI copyright issues is essential. Businesses relying on AI for content should be aware that they may not own what they create unless human authorship is clearly established.

• Monitor deepfake legislation – Clients, especially those in media, entertainment, and law enforcement, will need guidance on emerging deepfake regulations and how to protect their brands and personal likenesses.

  
  

• Educate clients on safe AI use – Misuse of AI-generated content (like AI voice clones) could lead to legal liability. Ensure clients understand the risks before integrating AI into their operations.

Protecting Yourself as an Individual

For individuals and consumers, being aware of AI scams is crucial. Deepfake fraud is on the rise, so verify suspicious calls, videos, or ads that appear to feature celebrities, politicians, or even people you know.

• Protect your digital identity – Register your likeness and voice under state publicity rights laws to gain legal protection.

  
  

• Support ethical AI practices – Push for transparency from AI companies regarding how they train their models and whether they use copyrighted or personal data without consent.

Staying Ahead in the Evolving Legal Landscape

The legal landscape around AI is evolving rapidly. With deepfake laws on the horizon and a growing need for copyright clarity, businesses and individuals must stay informed and proactive. Magister AI Advisors will continue to monitor these developments and provide actionable insights to help you navigate this new legal frontier. For personalized guidance on AI and copyright law, reach out to us at Magister AI Advisors. Let’s ensure you’re ahead of the curve—not caught off guard.