Artificial intelligence is tempting, but you have to be careful about your rights

With the help of generative artificial intelligence (AI), we can create different content – texts, images or even software source codes – by giving simple instructions, so-called prompts. For companies, this offers countless application possibilities, so it is no coincidence that companies invest in software using generative AI or develop their own solutions. It is therefore worth examining their legal aspects.

What data did AI learn from?

One of the essential questions of legal application is whether generative AI legally uses the data fed in during machine learning. These are often protected by some kind of intellectual property rights: if the content that makes up the totality of the entered data is individual and original, it is at least protected by copyright. In addition, the content can be classified as a trademark (if, for example, the image used by the MI is a graphic trademark) or a patent, if, for example, the purpose of the MI is to generate design documentation for technical equipment, and the software development company develops the MI using such design documentation.

“In these cases, as a general rule, permission from the right holder is required for use

said dr. András Gaál, a lawyer dealing with data protection and technology law at Baker McKenzie.