Who Owns AI-Generated Images? The Battle Over Copyright in Social Media Filters!

Do you use AI filters on Instagram or TikTok? Have you ever wondered who owns the photos or videos you create with them? As AI filters become more popular, it’s important to ask, Who really owns AI-generated content? Is it the person who uses the filter, or the company behind the tool?

AI filters are now a significant part of our digital lives. According to Meta’s official statistics, more than 500 million people use AR effects across Facebook and Instagram every day. But as AI changes how we create content, the question of ownership becomes complicated. In a digital world filled with endless sharing, it’s crucial to understand the impact AI has on copyright law.

Who’s the Creator?

In traditional copyright law, the creator of a work, whether it’s a photo, a song or a piece of art, usually owns it. If you take a photo, you own the copyright. If you write an article, you own the copyright. But AI tools complicate this because AI doesn’t create the way humans do.

Let’s take an example: If you use an AI filter to enhance a photo, who owns that enhanced image? Is it you, the person applying the filter or the company that created the AI technology behind it?

When it comes to AI filters, the lines get blurry. If the filter transforms your original photo into something entirely new, can we consider the final product as your creation? or is the technology behind the filter the true creator?

Why It Matters

Ownership matters because it’s all about control. When you use AI-powered tools, platforms like Instagram and Snapchat often have terms of service that allow them to use your content, including the right to modify, distribute and even monetize it.

For instance, Snapchat’s terms of service grant them a license to use the content you create with their filters, including for commercial purposes. This means they can use your work however they want. Did you know this?

According to a 2020 report by the U.S. Copyright Office, many creators are unaware of the legal complexities surrounding the use of AI tools in content creation. Creators often assume they maintain full control over their images and videos, but the truth is that these rights can be claimed by platforms based on their terms of service.

AI Filters and Copyright Law

AI-generated content presents a challenge for traditional copyright law, which is built around the idea that humans are the creators of intellectual property. According to U.S. Copyright Office policies, copyright is granted only to the works that have human authorship. In a significant case, the Copyright Office denied copyright protection to a work ("A Recent Entrance to Paradise", a two dimensional artwork) created by an AI named "DABUS." The work, which was an abstract visual design, was argued to be “created” by the AI, but the office ruled that only a human could be credited with authorship.

This ruling highlights a key issue: AI-generated works are currently not eligible for copyright protection. Even though AI can produce works that look like art or literature, the law doesn’t recognize AI as the creator.

The Digital Millennium Copyright Act (DMCA), which regulates copyright infringement on the internet, doesn’t provide a clear framework for AI-generated content. It was designed before AI technology had advanced this far, and now the gaps in the law are more noticeable.

Terms of Service: What’s in Them?

When using AI filters, it’s essential to understand the terms of service of each platform. These terms often allow platforms like Instagram, Snapchat, or TikTok to claim certain rights to the content you create.

For example, Instagram’s terms of service give the platform a broad license to use any content posted, including content created using AI filters. This means Instagram can use your photo or video for commercial purposes, whether it’s for ads, promotions, or other uses, without compensating you!

A 2019 study by the European Union Intellectual Property Office (EUIPO) found that a significant portion of social media users do not fully understand the rights granted to platforms through terms of service. Many users are unaware that platforms can share, distribute and even use their content for commercial purposes without the creators’ explicit consent.

Protect Your Content

If you’re a content creator and want to protect your work, here are a few steps you can take:

1. Always read the terms of service before using any AI tools. It’s important to know what rights you’re granting to the platform and how they can use your content.
2. Keep a copy of your original work handy with yourself. If you’re applying AI filters, save a copy of the original image or video. This can help you prove ownership in case of any legal disputes.
3. Understand your platform's usage rights. Some platforms may offer clearer ownership terms, and others might be more flexible in terms of how your work is used. Choose platforms that are transparent about ownership.
4. Consult a lawyer. If you’re serious about protecting your work and your rights, talking to an intellectual property (IP) lawyer can help. They can provide insight into the complexities of copyright law and help you navigate issues related to AI-generated content.
5. Use watermarking or metadata. To further protect your work, consider adding watermarks to your images or embedding metadata that tracks the source of the content. This can help prove that you are the original creator.

The Future of AI and Copyright Law

AI-generated content is a new frontier, and copyright laws need to adapt. According to the World Intellectual Property Organization (WIPO), there is a growing concern among IP professionals about how AI-generated works should be treated in the context of copyright. Many experts believe that copyright laws will need to evolve to accommodate these new technologies.

As AI tools become more advanced, the legal questions around ownership, credit, and royalties will continue to grow. While platforms may claim certain rights through terms of service, creators will continue to push for clearer laws that give them fair control over the content they produce.

Conclusion

AI is transforming how we create and share content, but the question of who owns that content is still unclear.

Who owns AI-generated content? Is it the creator, or is it the AI company? At this point, the legal landscape is still catching up with technology, and it’s unclear how courts will rule on these issues in the future. From its very inception, law has always struggled to keep pace with the rapid evolution of technology, often playing catch-up as innovation outpaces regulation. Sometimes when the laws and regulations are put in place, the technology itself becomes obsolete and newer one take over.

What do you think? Should we push for new laws to cover AI-generated content or the existing laws are enough? Let me know your thoughts. I value it.

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