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Facing copyright challenges in AI photography enhancements

On Behalf of | Nov 30, 2023 | Intellectual Property

Artificial Intelligence (AI) is changing how we live, impacting writing, education and even legal battles. In photography, AI helps create and edit images, but it raises questions about who owns the copyright. People wonder about images solely generated by AI and those edited with AI tools—who gets the copyright?

Copyright protection for photographers

Photographers usually get copyright protection for their work, which grants them special rights in using their photographs. These rights include the exclusive ability to use, show, copy and share their work. They also allow the original creator to decide if others can use their work, either by charging money or giving permission for free.

With AI, it gets a bit complicated. There are debates on whether it or its creator is the author or if the work should be in the public domain. The U.S. Copyright Office is currently dealing with this, denying copyright for AI-only works but exploring options for collaborative creations with humans and AI. This uncertain landscape may make it trickier for photographers to copyright their AI-involved work, emphasizing the need for legal advice due to the specific nature of copyright cases.

Your creative choices matter

The decisions you make as a photographer become even more important. When you use AI to improve your picture, it is crucial to show that your unique choices and creative ideas are a big part of it. This makes sure your work gets the full protection it deserves.

Figuring out how existing copyright laws work for images improved by AI is another challenge. This will depend on whether the law sees the AI changes as something that should be protected. That is why it is important to make it clear that AI is a helper and not the main creator.

To protect your work, keep good records of how you create or edit your photos. Specify clearly the choices you make to improve them. You must also understand how the AI tools you use work. This helps show that they are just helping you in your creative process. Make it clear that you are behind the creative decisions to help establish that you own the rights to your work.

Get help when needed

If these copyright challenges seem too difficult, do not hesitate to get advice from legal professionals. They can help you understand how to claim your copyright, deal with AI changes and stay on top of the rules for protecting your AI-enhanced images.

For photographers diving into AI photography, handling copyright challenges involves understanding protection, highlighting your creative choices and figuring out how copyright laws apply. Keeping things simple and seeking advice when needed ensures you can protect your AI-enhanced images as allowed by law.