Creating content with AI might sound appealing for efficiency, but it often lacks copyright protection. AI-generated content is considered non-copyrightable, potentially making your work public domain. This is due to the lack of full control over AI, which operates as a 'black box' with various variables affecting output. Additionally, IP watchdogs are cautious about granting AI copyright, given ongoing legal disputes over AI's use of copyrighted material. Regulators are adopting a case-by-case approach, challenging creators to prove that their work is AI-assisted rather than AI-generated. The EU IP doctrine provides a framework for this, focusing on human effort, originality, creativity, and expression. To establish your work as AI-assisted, document your creative choices at each stage of the process, from conception to execution and redaction. Emphasize your role as the creative driver, making your choices and vision clear in the final product. While this isn't a guaranteed solution, it provides the best chance of securing copyright for AI-assisted content.
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