Artificial intelligence | Zilver

How to register copyright /property rights for AI-generated text or image?

Zilver — Thu, 24 Apr 2025 14:24:58 +0000

Artificial intelligence (AI) is increasingly used to create content — texts, images, music, videos. But an important question arises: is it possible to register copyright for such content, and if so — how? In this article, we will figure out how AI content is protected in Ukraine and abroad, and what steps to take to protect your interests.

What is AI content?

AI content is the result of artificial intelligence. It can be:

text (article, advertisement, script, story) created using neural networks, such as: ChatGPT, Grok, Deepseek, etc.
image generated by neural networks such as: Midjourney, DALL E, Leonardo.ai etc.
music or video created by neural networks such as: Wan, Hailuoai, Klingai, Suno, etc.

What is special about AI content in terms of authorship?

The issue of determining the authorship of AI content is related to the fact that the following are involved in the creation of AI content:

neural network (AI),
a user who creates a prompt and passes it to the neural network,
the user who trains the AI (may coincide with point 2),
owner (developer or distributor ) of a neural network (AI).

And without the contribution of each of the parties, AI content cannot be created: the neural network is a product of the intellectual (and not only) activity of its owner and works on the basis of the user’s prompts (and training on his part).

That is why there is a lot of debate about who should be considered the author of AI content and who owns the intellectual property rights to AI content.

Who is considered an author according to the law?

According to Ukrainian legislation (Article 1 of the Law of Ukraine “On Copyright and Related Rights”), only a person (an individual) can be an author. The same rule applies in many other countries, including the EU and the USA. Artificial intelligence does not have legal personality, and therefore cannot be an author.

Intellectual property rights (the difference with copyright is not within the scope of this publication) can belong to both an individual and a legal entity. But even in this case, the neural network (AI), as such, cannot be the owner of AI content.

Therefore, at the moment, theoretically, the author can be recognized as:

an individual who created AI content using AI, OR
a group of individuals from the creators of the neural network and the user who downloaded the neural network prompt .

In this case, the mandatory condition will be the presence of signs of creative activity in the user’s actions and the fact of creation of a new work. In other words, in case of a dispute, both conditions will be the subject of proof with the involvement of an expert to establish the completeness of the picture.

In addition to the above, it is important to consider the emergence and transfer of intellectual property rights, but this largely depends on the public offer or terms of use, or provisions on the use of AI, which must be published in the relevant neural network.

Conclusion: the emergence of copyright for the user will be influenced by several factors: the degree of creative participation in the creation of AI content and whether the AI content is recognized as a new work. In turn, intellectual property rights are often regulated in the documentation of the neural network provider.

How to register rights to AI content?

In light of the above, our AI and IP lawyers recommend:

1. Record your participation

To prove authorship, it is important to show:

how exactly did you use the AI (prompts, instructions, input data (images, videos)),
how you refined the result (improvement, editing, editing, etc.),
what was your creative contribution (who wrote the prompts (and how many), training, further processing).

Save:

correspondence with AI (prompts and replies),
intermediate versions of content,
your edits.

2. Register the work

In Ukraine, copyright registration is not mandatory, but it can be useful when protecting rights in court.

You can submit an application to Ukrpatent.
In the description, it is important to indicate that you are the author, and AI was used as a tool (similar to a camera or graphic editor).

3. Add a copyright notice

When publishing AI content, you can specify:

“© [Your name/company name], year. Generated using [AI name]”.

This helps to cement your priority and discourage copypasta .

4. License correctly

If you transfer AI content to a customer, partner, or publish it on platforms, clearly state the terms of use:

who can use the content,
for what purposes and in what countries,
with what restrictions.

What about abroad?

US: Copyright Office denies registration of works created entirely by AI. But if there is human input, authorship is possible. The Zarya of the Dawn case was key in this issue, which examined the issue of legal protection of copyright in a work partially created with the help of AI. According to the plot of the case, the key issue was whether the american artist and writer Kristina Kashtanova (Kristina Rhea) owned the rights of images that were generated using Midjourney and included in the graphic novel “Zarya of the Dawn”, published in 2022. The Copyright Office at one point considered that the images created by Midjourney were not copyrightable because AI could not be the author, and Krista did not have full control over the process of creating the images. Ultimately, the conclusions were made that: 1) AI content is not copyrightable in the US unless a human made a significant creative contribution, 2) attribution over AI-generated text is easier to prove than over images.

From this we draw the following conclusions and recommendations:

AI tool = tool (like brush, camera, Photoshop) only if:
- a person clearly controls the process,
- edits, directs, selects and refines the result.
Without this, copyright does not apply.
Recommended:
- save prompts and intermediate results;
- describe your contribution in the application;
- indicate which elements were created by AI.

EU: There is no specific regulation yet, but the general principles apply – authorship belongs to the person if he or she has made a creative contribution.

What to do in practice?

Use AI as a tool, not as a creator.
Document your actions (including prompts , corrections).
Register key works if they are commercially important.
Use AI generators only with a license.
Carefully study and comply with contracts and other documentation published in neural networks regarding intellectual property rights.
Consult with lawyers regarding disputes or commercialization of content.

Need legal help?

Zilver lawyers will help:

register copyright for AI content in Ukraine;
formalize the transfer of intellectual property rights to AI content;
develop contracts and licenses for your products;
protect interests in case of copying or dispute.

We also recommend that you read:

Online Business: Legal Advice

(Commercial) franchise agreement

Legal terms for placing an application on the App Store or Google Play

MICA Licensing Basics : What You Need to Know

How to Tokenize Assets and Business? Legal Aspects

AI in Ukraine: legal aspects

Licensing of gambling business in Ukraine: what is important to know in 2025?

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The post How to register copyright /property rights for AI-generated text or image? first appeared on Zilver.

AI in Ukraine: legal aspects

Zilver — Fri, 14 Mar 2025 19:42:01 +0000

With the development of artificial intelligence (AI) technologies in the world and in Ukraine in particular, there is an increasing need for legal regulation of its use: from copyright to liability for decisions made by AI systems or using them. In this publication, we will analyze the key legal aspects of using AI and how to protect your interests in the context of dynamically changing legislation.

Please note that this publication is from March 2025, so for up-to-date information on the legal aspects of using AI in Ukraine, we recommend contacting our lawyers.

1. Legislative framework: what regulates AI in Ukraine?

To date, there is no special law in Ukraine that would directly regulate the use of artificial intelligence. However, even without special legislation, certain aspects of the use of AI are partially regulated, for example, by such regulatory legal acts:

Civil Code of Ukraine: intellectual property rights, liability for damages, etc.
Law of Ukraine “On the Protection of Personal Data”: regardless of whether a person or AI uses personal data, it must be protected in accordance with the law.
Law “On Information”: regulates access and protection of data.
The Law “On the Basic Principles of Ensuring Cybersecurity of Ukraine”: establishes the rules for protecting information systems.
The Law of Ukraine “On Copyright and Related Rights”: regulates the emergence, use and disposal of intellectual property rights (including those related to AI).
Law of Ukraine “On Electronic Commerce”: If AI is used in online business, for example, for chatbots or automated sales, the relevant regulations apply.

Ukraine also focuses on EU standards, including the EU Regulation on Artificial Intelligence (AI Act), which sets requirements for the use of AI depending on the level of risk. Therefore, in law enforcement practice, lawyers will refer to this regulation until a national analogue of this regulatory legal act is adopted.

2. Intellectual Property and AI

One of the most important legal issues in the use of AI is determining the owner of the rights to the results created by AI. The answers to this controversial issue are usually limited to the following options:

To the person using AI (sets the prompt for AI).
To the company that owns the AI.
Mixed option.
AI, if the AI is recognized as a subject of legal relations or acquires a special status as a participant in legal relations.

In Ukrainian legislation, only an individual can be an author, which excludes AI from the list of authors. However, intellectual property rights may belong not only to an individual. Therefore, intellectual property rights (property rights) to content created by AI will belong to:

The person who developed or configured the algorithm.
The company that owns the AI system.

To avoid conflicts related to the definition of intellectual property rights to products created by AI, Zilver lawyers recommend that property rights to the results of AI work be recorded in advance in contracts with AI owners, developers, contractors and users.

3. Responsibility for AI decisions

As with attribution, the question of responsibility for decisions made or created by AI remains open, shall it be:

Developer or owner of the AI-system?
The user who applied the AI-system?
AI as an autonomous legal entity (not yet recognized)?

At the moment, there is no concept of “AI liability” as an independent subject in Ukrainian law. Therefore, the issue will be resolved based on the general principles of civil, administrative and criminal law, depending on which of them will be applied. Accordingly, depending on the circumstances of the case, the following may be held liable:

The developer, if it is proven that the error is related to a defect in the algorithm.
Operator if the system has been used improperly.
User, if the AI was a tool for committing an offense.

To minimize risks, companies are advised to clearly spell out the terms of AI use in contracts, develop internal company policies on the use of AI, and implement systems for monitoring and controlling the operation of AI.

4. Personal data, privacy and AI

AI systems often process personal data or sensitive information that is protected by law and internal company regulations. Therefore, unregulated use of AI may result in violation of the law and liability for the company. As a result, it is extremely important to control and properly document access to and processing of personal data and sensitive information by AI.

5. Legal risks of using AI

Due to the lack of proper legal regulation of AI, the following risks exist:

Disputes (including legal ones) over copyright/intellectual property rights to the results of AI work.
Property claims regarding the results of using AI.
Responsibility in the field of consumer protection.
Responsibility for violation of user rights, including discrimination, violation of privacy rights .
Responsibility for violation of public order, norms of public conduct, etc.

6. Recommendations from lawyers on the use of AI

Each individual business must develop its own rules for working with AI. In this publication, we will only provide general recommendations:

Legal audit and consultation: lawyers will help determine the necessary legal measures to protect your business: development of internal documentation, changes in business processes, registration of intellectual property rights, conclusion or amendment of contracts, etc.
AI Policy (Act): the development and use of internal regulations (policy) on working with AI is important for establishing rules for working with AI in a specific business, including for the purpose of holding accountable for violating such rules. A sample Regulation on the Use of AI (AI Act) from the law firm “Zilver” can be found at the link.
Conclusion of contracts: fixing rights and obligations in contracts will protect the business from the uncertainty that exists at the legislative level.
Choosing subscriptions wisely: Since AI services offer different terms of use for AI, it is important to thoroughly familiarize yourself (possibly with the help of a lawyer) with the terms of use and the rules for the emergence/transfer of intellectual property rights to AI-created products.
Protecting confidential information: Entering into an NDA and implementing internal policies to protect confidential information will help keep such information safe.
Registration of intellectual property rights: Registration of TM, patenting of inventions and utility models will help protect your rights from claims of third parties.
Obtaining consent for data use: If AI uses third-party data, ensure consent for such use.
Control over data use: If your AI architecture includes third-party services that access other people’s data, this issue needs to be regulated.
Compliance with and respect for consumer rights: since legislation does not yet regulate the protection of consumer rights and AI, it is recommended that regulatory acts (policies, regulations) on this topic be adopted at the company level, which will provide for: labeling, limiting the use of AI, etc.

By staying in touch with lawyers, businesses will be prepared to promptly adapt their processes to new AI regulations.

7. Prospects for the development of the legal system in relation to AI

The following trends in the development of the legal system in relation to AI can be identified:

Creation of a state system for certification and licensing of certain AI products.
Setting limits on the use of AI.
Creating industry rules, establishing ethical standards for the use of AI.
Developing a relationship between the use of AI and the public interest of society/state.
Giving special legal status to AI (especially in terms of robotics).
Expansion of liability standards (civil, administrative, criminal) for acts related to AI.

8. Zilver Law Firm help with AI?

Zilver Law Firm is ready to help your business in solving issues related to the implementation of AI. We provide consultations, conduct legal audits of the use of AI in the enterprise, provide legal support for the implementation and use of AI in business, develop contracts and policies, and protect the interests of clients in courts and before regulatory authorities. Our assistance may concern both the work of AI in Ukraine and abroad.

You can contact us by phone +380 50 140 95 60 or by email info@zilver.com.ua .

Don’t leave AI legal issues for later! Contact the professionals.

Zilver is your reliable partner in the world of law and technology!

Sample of the AI Policy (AI Act) for a company

Zilver — Wed, 18 Dec 2024 17:29:56 +0000

As the use of artificial intelligence expands, so does the need to regulate its use. In addition to regulation at the national and international level, the use of artificial intelligence will largely have to be regulated at the company level. As a result, lawyers will be increasingly involved in the development of various regulations and policies.

For those who do not wish to contact lawyers to draft an individual AI policy (AI Act) for the company, we offer a simplified draft of such a policy free of charge.

!NOTE! Please note that the use of this sample AI Policy (“AI Act”) for the company is at your own risk, the Zilver Law Firm is not responsible for the consequences of using this sample Policy on the Use of AI (“AI Act”) for the company. We always recommend an individual approach, where each document is developed taking into account the specifics of a particular business/project/situation.

Approved:

Legal department of the company “Lawyer”

Date: ______________

Signature: ____________

ARTIFICIAL INTELLIGENCE USE POLICY

Definitions

Artificial intelligence (also known as AI) – a technology that uses machine learning algorithms, data processing, neural networks, and other automated processes to analyze, predict, and make decisions.

The company – the “Lawyer” company.

Confidential information – information of the Company with limited access, including commercial secrets and Personal data.

Personal data – personal data, as defined by applicable law, processed or accessed by the Company.

Contractor – a person who performs work/provides services to the Company on the basis of a contract.

Policy – this AI Policy for the company.

Intellectual property rights – all intellectual property rights provided by law.

Employee – a person who is in an employment relationship with the Company.

Subject of Policy

The policy sets out the basic principles and rules for the use of AI in the Company ‘s activities.

Purpose and scope of AI

The purpose of the Policy is to ensure that the use of AI is within the framework of the law and public ethics and morality.

The use of AI should not harm the Company, a person, or humanity as a whole.

The policy is mandatory for Employees, Contractors and partners of the company involved in the development, implementation and operation of AI systems.

Principles of using AI

Transparency: All AI-related processes must be clear and explainable to employees, customers and other stakeholders.
Ethics: AI development and use must adhere to high ethical standards, avoiding discrimination, bias, or harm.
Legality: The use of AI must be within the law and for the purpose of ensuring compliance with the law.

Application of AI in the Company ‘s activities

The use of AI is permitted subject to compliance with all principles of this policy for:

– automation of processes;

– improving customer service;

– data analysis and other tasks.

The use of AI in the Company is permitted in the following areas:

– marketing and design;

– processing data on the movement of goods in the Company.

Any new AI-related projects must be pre-approved by the responsible department of the company (e.g. IT or legal department).

Risk management

A risk analysis shall be conducted, including an assessment of the potential impact on users, employees and third parties. AI systems shall be periodically audited to ensure they meet quality and safety standards.

7. Training and awareness raising

The company has an obligation to train employees in the ethical use of AI and to inform them of the capabilities and limitations of such technologies.

8. Privacy, Personal Data and Security

Data used by AI systems must be processed in accordance with data protection laws, including the GDPR or similar local regulations.

The transfer of confidential information, personal data to AI is only permitted on condition that the same level of confidentiality/protection of personal data is ensured as if such information was not transferred to AI.

Responsibility for violation of policy

Violations of the Policy may result in disciplinary action being taken against the violator and, if necessary, information about the violation will be shared with law enforcement and other appropriate authorities for the purpose of bringing administrative or criminal charges against the violator.

Violation of the Policy may be grounds for early termination of the employment contract or other agreement with the violator.

The guilty party is obliged to compensate the injured party for all losses incurred as a result of the violation of the Policy.

Amendmnets to the policy

The Policy is subject to regular review and update depending on changes in legislation, technology and the needs of the company.

Contacts

For any questions regarding this policy, please contact the AI Department of legal department: [ LawyerAI @ Lawyer . com ] or [phone number].

This template can be adapted to suit your company’s needs. Our lawyers are ready to help you develop an AI Act Policy for your company.