“The whole world is excited by the latest developments in artificial intelligence, and many are already trying to think about how to profit from them. However, before you rush to sell a photo, a song or anything else you created using AI software – there are some important things to consider,” emphasizes attorney Elder Sion , a partner in the ESBM law firm, specializing in commercial law and intellectual property.
Adv. Sion emphasizes that first it is important to examine the terms of use of the software. “The problem is that artificial intelligence products are based on the work of others, sometimes without obtaining the permission of the original owners,” he explains, “even though according to written opinions the software itself is not violates copyrights, lawsuits have been filed claiming that artificial intelligence actually copies and infringes the copyrights of others and an unequivocal judicial decision has not been determined.”
He further explains that Israeli law enumerates several conditions that must be met in order to obtain a copyright on a work and to be able to sell it: that the creator must be a person and that the creator must invest significant time and work in the products in such a way that the work includes original elements created by the creator.
“Suppose you are a person or a company that ‘created’ an image using an image generator and now you are interested in selling it,” he elaborates, “as users of the software, the fact that you pressed a button and added settings or sources of inspiration to create the image is not enough. You must invest and change the image significantly in relation to the original product of the machine, so that you can increase the chances of getting copyrights for it.
“The same principle applies, for example, when it comes to a business plan created using ChatGPT. In order for the user to claim that the plan belongs to him, he must work on it, add original elements to it and change as many details as possible. A musician who created a song using artificial intelligence will have to compose it, change words and structure, to be able to claim that the song is indeed his and so on.”
Moreover, Adv. Sion emphasizes that in order to obtain a copyright in a work, it is required that it be original. “If you did not make changes to the product provided by the machine, it will be very difficult for you to prove that the software did not create the exact same work for another user. That is, as long as the software did the main work, the claim that the work is yours will be very weak. Finally, if you are not sure what is allowed and what is not, it is advisable to consult an expert in the field. The law concerning artificial intelligence is new and developing, and you should be on the right side of the law.”