While generative AI tools have become widely available and may seem like the fastest way to create social media posts, marketing materials and other forms of content, there is a downside. Beyond the obvious—these tools often provide false information and just make up "facts"—AI generated content also isn't protected under copyright law. This means that if your competitors end up using similar "content" (or outright stealing your AI generated "idea"), there’s probably nothing you can do about it.
Copyright law protects "original works of authorship fixed in any tangible medium of expression." From the moment content is created and put down in some tangible format—a document on your computer, recorded to video, written down on a piece of paper—a bundle of rights known as "copyright" exists. (Unfortunately, there isn’t much that can be done to protect your copyright without actually registering the copyright.)
While the Copyright Act does not actually define "authorship," the courts have always interpreted it to mean human authors. And the Copyright Office has made it clear that it will not register works that were produced by machines or mechanical processes without any creative human input.
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