Copyright and Artificial Intelligence: Securing Your Use and Your Creations

Generative artificial intelligence is profoundly transforming content creation.
Texts, images, videos, music, source code: AI tools make it possible to produce quickly… but raise major legal issues:
Who owns the rights? Can these contents be used freely? What are the risks?
LAZULI assists companies, advertising and communication agencies, creators, and project leaders in securing the use of AI and protecting their content.

The name “LAZULI” refers to lapis lazuli, a semi-precious stone symbolizing value and durability.
This name reflects a vision of intellectual property: a creation is not merely an idea, but a value that is built, preserved, and defended over time.

Lazuli Law Firm’s Areas of Practice

Trademark Law

Copyright & NEIGHBOURING Rights

Copyright & AI

Influencer Law & E-reputation

Image Rights & Privacy

Infringement & Unfair Competition

Designs

Domain Names

Other Areas of Expertise

AI and Copyright: An Evolving Legal Framework

Copyright is based on a key principle: a work is protected if it is original and created by a human being (read this article).

A work generated solely by a generative AI does not automatically benefit from this protection.

As a result:

  • Legal uncertainties
  • Risks in exploitation
  • Difficulty in claiming rights

Who owns the rights to AI-generated content?

The answer depends on the level of human involvement.

Case 1: AI used as a tool

The user may be considered the author

  • If genuine human creative input can be demonstrated

Case 2: Content generated automatically without meaningful human intervention

No clear protection, or possibly no protection at all

  • Difficulty in claiming exclusive rights

Can AI-generated content be used freely?

Not necessarily.

Potential risks:

  • Reproduction of all or part of pre-existing works
  • Copyright infringement
  • Use of protected content within training datasets

Particular care is required, especially in the context of commercial use.

What are the legal risks?

The use of AI may lead to:

  • Copyright infringement
  • Violation of image rights
  • Contractual disputes
  • Reputational damage

These risks particularly affect:

  • Companies relying on external providers for their communication
  • Marketing, advertising, and communication agencies
  • Content creators and influencers

AI and Contracts: A Key Issue

To secure your use of AI, it is essential to define:

  • The use of AI tools by your employees and service providers
  • Ownership of the content
  • Rights of use
  • Responsibilities

Specific contractual clauses help prevent disputes.

Best Practices to Secure Your AI-Generated Content

  • Review the terms of use of AI tools
  • Avoid content too similar to pre-existing works
  • Define creations through clear contractual frameworks
  • Keep evidence of your creative process
  • Implement internal AI usage policies within the company

EXAMPLES OF CASES HANDLED

Over the past few years, Jérémie LEROY-RINGUET has notably:

  • Trained his clients’ teams on best practices and current developments in generative AI and copyright law
  • Drafted AI usage guidelines for businesses in the field of advertising agencies
  • Drafted AI-related clauses in copyright assignment agreements

Support from Lazuli

The firm assists you with:

  • Risk analysis related to AI
  • Securing content
  • Drafting of agreements and AI usage policies
  • Intellectual property strategy
  • Dispute management

Objective: use AI with full legal security.

Do you use artificial intelligence in your business?

FAQ – Copyright & AI

Not automatically. Protection depends on the level of human involvement.

Yes, provided that you comply with caution and legal requirements. There are potential risks of infringement.

Liability may fall on the user or the company exploiting the content.

This can happen. Some AI-generated content may therefore reproduce all or part of protected works.

Yes. Implementing a generative AI usage policy is strongly recommended, especially in companies with creative activities.

It depends on your role in the creation process. A case-by-case analysis is required.

It depends on their terms of use and how they are used.