For those of you using AI like ChatGPT, MidJourney NightCafe, DALL-E 2, AI Lense, and other solutions to create content to sell or for other commercial purposes, please consider the following.
Generally speaking, content created with AI, and this includes pictures and written copy, is NOT protected by copyright and any other intellectual property rights.
Furthermore, the terms of service agreements at most of the AI sites I’ve reviewed give the site ownership or full license rights to use whatever you create for its own purposes. Said another way, you don’t have exclusive ownership or use rights to the AI content you create.
Before selling your AI-created content for commercial use, you must let your clients and customers know about the lack of IP protection and related issues (at least, I recommend that you do this in the spirit of full disclosure).
I discussed this issue in a 5-minute podcast titled “Can You Copyright Artificial Intelligence Artwork and NFTs?”
If you’re using AI to create commercial content, please make sure to avoid misunderstandings and legal exposure by setting forth in writing precisely what ownership and use rights your clients and customers are getting when you deliver your product or service.
Please stay in touch and make today your masterpiece!
Mitch Jackson, Esq.
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