Generative AI tools have exploded in popularity recently – but who owns the output?
Can AI own copyright? Yes, no, kind of. The UK addresses this in its legislation. The position is different in the US & EU where the author must be a human.
Can AI own a patent? No. In fact, if there’s no human inventor, it might fall into the public domain in the UK, US & EU. But not in South Africa.
Where is this going? Identifying the owner is important. They will usually be the person who can make money from the output. The creator or owner of the rights will often be liable too. But if no rights arise, maybe nobody is liable?
What should you do? There are several steps you can take to reduce your exposure to risk.
For more detailed answers to all these questions, read the original post on the HCR Law website.
If you need advice, contact me at +44 20 3824 9748 or fjennings@hcrlaw.com.

Great post! It’s fascinating to dive into the legal considerations surrounding generative AI tools. Who typically benefits from owning the output – the developer, the user, or someone else?
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The user will want to own the output but they should check the terms to ensure this is permitted
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