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AI and Intellectual Property

Key intellectual property questions for AI — training data, generated outputs, code and models — and practical steps to manage risk.

Editorial team 2 min read

AI raises intellectual property questions that the law is still working through. Knowing the main issues helps you manage risk.

Training Data

Using copyrighted material to train models is legally contested and treated differently across jurisdictions. Licences on datasets and content may restrict use. Keep records of what data trained your models.

Generated Outputs

  • Ownership: in many jurisdictions, purely machine-generated works may not qualify for copyright protection, while works with significant human creative input can.
  • Infringement: outputs can sometimes closely reproduce copyrighted material, trademarks or a recognisable style.
  • Provider terms: AI services set terms about ownership and use of outputs; read them.

Code

AI coding assistants may produce code resembling existing open-source code with licence obligations. Review generated code, use tools that detect licence issues, and follow your organisation's policy.

Models

Model weights come with licences that govern use, modification and redistribution. Fine-tuned models may inherit obligations from base models and training data.

Practical Steps

  • Keep records of data sources, models and licences.
  • Review outputs used commercially, especially logos, characters and branded content.
  • Avoid prompting for imitations of specific living artists or brands.
  • Use providers that offer IP indemnities where appropriate.
  • Take legal advice for significant commercial uses.

This guide is general information, not legal advice.

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