Copyright and AI: Who really owns AI generated content?

Muriel Roulleaux - Founder of Rightkeeper

Today, just a few lines are enough to generate an image, a piece of text, or even code. A prompt, a well-written instruction, and within seconds, the result appears — polished, usable, and sometimes even better than what one could have produced alone.

Faced with this simplicity, one question quickly emerges, even if it often remains in the background:
who actually owns this content?

An answer less obvious than it seems

At first glance, the answer appears intuitive.

The user wrote the prompt, triggered the generation, and selected the result. It therefore feels natural to assume that the content belongs to them.

Yet from a legal perspective, the situation is far more nuanced.

Copyright law is based on a fundamental principle: a work must result from human creation. An artificial intelligence system, no matter how advanced, has neither legal personality nor creative intent in the legal sense. It is not recognized as an author and therefore cannot hold rights.

A position confirmed at the european level

This framework is not left entirely open to interpretation.

The European Parliament has already addressed these issues, stating that AI systems cannot be considered authors and that copyright protection must continue to rely on meaningful human involvement.

In other words, without significant human contribution, there is no identifiable author — and therefore no automatic copyright protection.

A gray area for AI-generated content

In practice, content generated within seconds and without meaningful intervention may fall into a legal gray area.

It can be used, distributed, and sometimes monetized, yet its protection remains uncertain. Nothing truly prevents a third party from producing a similar result or reusing an equivalent logic.

This creates a growing gap between the real-world use of AI tools and the current legal framework.

The decisive role of human intervention

The situation changes when the user plays an active role in the creative process.

Designing a complex prompt, iterating repeatedly, refining outputs, editing generated content — all of these actions may constitute genuine creative contribution.

In such cases, rights may exist, provided that this contribution can be demonstrated.

The real issue: proof

In practice, the question is not limited to identifying the author.

It quickly becomes more concrete:
who is actually able to prove it?

A prompt can be copied, slightly modified, or reused elsewhere. Generated content can often be recreated almost identically. In a digital environment where everything moves rapidly, establishing origin becomes increasingly difficult.

Without reliable evidence, the discussion relies on fragile assumptions.

The growing importance of prior ownership

In this context, the notion of prior ownership becomes central.

Being able to demonstrate that a piece of content existed at a specific date, that it was associated with an identifiable person, and that it has not been altered often becomes the strongest available element.

This does not replace copyright law — but it helps support it.

Tools to materialize proof

Today, solutions exist to formalize this process.

By registering a prompt or a generated file, associating it with a timestamp and a digital fingerprint, it becomes possible to materialize proof of prior existence.

With solutions such as Rightkeeper, for example, a simple text can be transformed into a certified file whose existence is attested at a specific point in time.

In a legal environment that is still evolving, this approach does not solve every issue. But it helps secure a position, objectify a creation, and prepare for potential disputes.

Copyright law in transition in the age of AI

Artificial intelligence does not eliminate copyright law.

It reshapes its boundaries by making the notion of authorship more complex and proof more essential.

As content becomes easier to generate, its origin becomes harder to establish.

In this new environment, creating is no longer always enough.

You must also be able to prove that you were the one behind it.