What if AI Accidentally Copies Someone Else’s Work?

Dear Will & AiME,

Our marketing team uses AI to generate blog posts. What happens if AI accidentally copies someone else’s work?

— Content Manager in New York

Short answer💡

You could still be liable. Even if AI copying is unintentional, publishing content that is substantially similar to copyrighted work can lead to infringement claims, making human review and safeguards essential.

Dear Content Manager in New York,

AI-generated content is a great tool for efficiency, but it comes with copyright risks. AI models are trained on vast datasets, which may include copyrighted material. If an AI-generated blog post closely resembles existing work, your company could face copyright infringement claims.

What Happens if AI Output Copies Existing Content?

Copyright law protects original human-created works, and AI does not have the ability to create something truly independent of its training data. Risks include:

  • Unintentional copying – AI may produce content that closely mirrors copyrighted material.

  • No clear legal protections – Since AI-generated works lack human authorship, they may not qualify for copyright protection.

  • Potential liability – Even if copying is unintentional, your company could still be held responsible.

How to Reduce Copyright Risk When Using AI Content

To avoid legal trouble, follow these best practices:

  1. Use AI as a Drafting Tool
    Have a human writer review, edit, and add original input to ensure the content is transformative.

  2. Run Plagiarism Checks
    Use tools to detect similarities with existing works before publishing AI-generated content.

  3. Obtain Proper Licensing
    If AI pulls from copyrighted sources, make sure your company has the right to use and modify that content.

By taking these steps, you can harness AI for content creation while minimizing copyright risks.

-Will & AiME

Three Takeaways:

  • AI-generated content can unintentionally infringe on copyrights.

  • Human review and editing are essential to avoid copyright risks.

  • Use plagiarism checks and licensing agreements to protect your company.

Will Schultz & AiME

Will Schultz is an intellectual property and technology attorney and chair of Merchant & Gould’s Internet, Cybersecurity, and E-Commerce practice. He advises businesses on AI, online platforms, digital assets, and emerging technology law, drawing on experience as both a lawyer and entrepreneur.

https://www.merchantgould.com/people/william-d-schultz/
Previous
Previous

If an Employee Uses AI to Create Something at Work, Who Owns It?

Next
Next

Are My Trade Secrets at Risk if I Use AI to Process Proprietary Data?