The rapid development of artificial intelligence has introduced new challenges in copyright law, requiring adaptation to evolving technology. AI tools, such as OpenAI’s DALL-E, now allow users to generate artwork, which has raised concerns about potential copyright infringement of existing creative works.
In January 2025 Prime Minister Keir Starmer presented the AI Opportunities Action Plan, which included 50 recommendations to align innovation with regulatory frameworks. The plan highlighted the need for suitable legal structures to be in place in order to deal with the growing complexities within AI and copyright.
Let’s explore the intersection of copyright law and AI, considering authorship, infringement, and the evolving legal landscape.
AI and authorship
In the UK, copyright law is governed by the Copyright, Designs and Patents Act (CDPA) 1988. Section 9(3) of the CDPA states that for “computer-generated” artistic works, the author is thought to be the person responsible for the arrangements necessary for creation.
This raises the question of whether the act of prompting AI may constitute authorship. Since UK copyright law does not currently recognise joint authorship between humans and AI, the extent of user involvement may affect who actually owns the rights to AI-generated works.
There is still legal uncertainty on whether human input meets the “personal touch” requirement for copyright protection. Until there are clearer regulations, users should document AI-generated works, including their prompts and any output modifications.
The Government’s December 2024 consultation, as part of the AI Opportunities Action Plan, aims to clarify these issues and provide guidance on copyright protection for AI-generated content.
Copyright infringement and AI
AI training and copyright risks
A key concern in AI development is the large-scale extraction of data, which is then used to train AI models. This has raised fears of potential copyright infringement, which occurs when substantial parts of protected works are used without permission.
A notable example of this issue being brought to light is the case of Getty Images (US) v Stability AI Ltd [2023] EWHC 3090 (Ch). In January 2023, Getty Images commenced legal proceedings against Stability AI, alleging significant infringement of its intellectual property rights.
Getty Images claims that Stability AI “scraped” millions of images from Getty’s websites without consent and used these images to train and develop its deep-learning Stable Diffusion model.
The trial is expected to take place in the summer of 2025 and will no doubt have significant implications for UK copyright law and the licensing of AI-generated content.
As a result of the ongoing risks, governments and regulators have been keen to stress the importance of transparency in AI training processes. Ultimately, ethical AI development requires both proper data sourcing and respect for copyright laws.
AI users and copyright risks
Users generating AI-created works that imitate specific artistic styles may also face legal risks. Though this area is legally untested for now, users should be aware that the act of prompting AI to mimic copyrighted styles could be challenged in court. In order to minimise risk, users should maintain records of their AI-generated works.
The future of AI and copyright
With the rapid development of AI-generated content, the Government’s consultation aims to address key challenges, including:
• defining copyright ownership for AI-generated works;
• establishing clearer protections for creators and AI users; and
• reforming UK copyright law to reflect technological advancements.
Legal experts, AI developers, and content creators eagerly await the outcome of this consultation.
Understanding the legal complexities of AI and copyright can be challenging. This information is for general guidance only and does not constitute legal advice. For tailored support, please get in touch with a specialist intellectual property lawyer.
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