According to SimilarWeb, between February 2023 and April 2023, ChatGPT set record breaking user and traffic growth figures. During that time, the AI chatbot generated over 100 million users and had 1.8 billion visitors per month. The volume of content being produced by ChatGPT and other generative AI platforms is staggering. 

Generative AI platforms produce original and creative content including text, images, music, or videos, through machine learning algorithms. With the advancements in generative AI, there has been an increasing debate surrounding creative rights and ownership of the content produced by these AI systems.

If AI is playing such a fundamental role in content generation then who should be considered the creator? Who owns the rights to AI generated content? And what does this mean for marketers?

I asked ChatGPT because surely the bot responsible for creating billions of pieces of content has a perspective on the debate! 

I asked: “Who owns the content generated by ChatGPT?” 

Here’s it’s response:

“As an AI language model, I don’t have legal ownership over the content I generate. The ownership of the content written by ChatGPT, or any other AI model, can vary depending on the context and the terms of use set by the organization or individuals utilizing the model. In most cases, the ownership of the content lies with the entity that owns and operates the AI model. It’s important to review the terms of service or any applicable agreements when using AI-generated content to understand who holds the rights to the produced material.

Currently, most jurisdictions attribute creative rights to human authors, as AI systems are considered tools or extensions of human creators. This means that if an AI system generates a piece of art, the rights usually belong to the human operator or owner of the AI system.”

Firstly, not even ChatGPT has firm take on creative rights for generative AI. It is clear that this is an ongoing debate and there is a need to reassess existing laws and regulations. 

However, as that debate progresses, it is important that if marketers are using generative AI platforms, they must review a platforms terms of service. Especially if you’re looking to publish or distribute the content generated by AI. 

ChatGPT went on to share that:

“Finding a balance between encouraging innovation and protecting creative rights is crucial. It involves considering factors such as the level of human input, the purpose and intention behind the AI-generated content, and the potential societal implications of granting creative rights to AI systems.”

Thank you, ChatGPT. 

As well as sharing the fundamentals, ChatGPT can offer new perspectives. It’s important to note that balancing creativity and creative rights is also part of the conversation. Maybe this has held marketing teams back from exploring Generative AI until now. If you are yet to drip your toe in the water, I encourage you to experient with Generative AI. Yes, the ethical, legal and economic conversations are ongoing but marketers can benefit from AI unlocking a new level of creativity, today.