The Power of Contracts in Protecting A.I Output

Last year I had the pleasure of advising US artist, Kris Kashtanova, during a challenging twist in her Intellectual Property journey. Kris is the author of the graphic novel "Zarya of the Dawn," an 18-page narrative set in a futuristic, deserted Manhattan, featuring a character inspired by the actress Zendaya. 

Beyond its captivating storytelling, Kris's work was produced with the assistance of of artificial intelligence. She asked me for advice in how to protect herself and the intellectual property in her creative output after her work was rejected by the US copyright office. 

Kris first achieved a significant milestone when she secured copyright in the work which could have been seen as a win for artists in the emerging world of AI-generated art. Kris took to social media, declaring that this legal protection meant artists could now safeguard their AI art projects, offering them the recognition and security they deserved.

However, the elation was short-lived. In a surprising turn of events, the US Copyright Office reversed its decision in February, making Kris Kashtanova the first person in the country to lose legal protection for AI art. The abrupt change left both Kris and the artistic community grappling with uncertainty. To this point the US Copyright office has upheld that the writing of the novel could be protected in copyright, however the midjourney images can not as they are not considered “Human Authorship”. 

Since my initial advice one crucial takeaway from this experience is the recognition of the power of contracts in safeguarding the interests of IP owners, even when copyright registration might prove elusive. With industries now able to embrace generative A.I tools such as publishing, marketing and content creation business owners must proactively use contracts to establish ownership and license the output of their AI creations.

Kris's journey underscores the need for all of us to be vigilant and take proactive measures in protecting our own IP rights in business. While copyright is a valuable tool, the absence of it does not leave IP owners defenseless. Well-drafted contracts can provide a robust legal framework, offering IP owners control over the use and dissemination of their AI-generated works.

Whilst AI is destined to further transform industry, Kris’ story pushes new frontiers of how all of us can embrace A.I tools to own the output from which A.I creates. 

Let's continue the conversation on the importance of contracts as a powerful tool for IP owners to secure the creative output which A.I creates. Through proactive measures IP owners can seize the valuable advantage of using A.I whilst ensuring they own what we can create with these powerful tools.