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Can AI take my copyrighted work?

On Behalf of | Mar 29, 2024 | Intellectual Property Law |

In the realm of artificial intelligence and copyright law, Floridian creators face a crucial question: can AI utilize copyrighted material? As AI become ubiquitous in both our business and private lives, it is increasingly becoming a more and more important topic, especially as AI companies make billions with data from copyrighted sources. Let us delve into the legal landscape surrounding this issue, shedding light on Florida’s perspective.

Artificial intelligence

AI, particularly generative models, possesses the ability to generate new content by learning from existing datasets. However, when these datasets incorporate copyrighted material, this is when concerns regarding copyright infringement arise. Florida’s copyright laws echo federal regulations and safeguard original works of authorship. They grant creators exclusive rights over their creations and any subsequent monetization.

Do AI-generated works get copyright protection?

No. Central to the debate is the concept of “authorship.” According to the United States Copyright Office, copyright protection extends solely to works crafted by human beings, not AI. A federal district court affirmed this stance, which emphasizes the necessity of human authorship for a valid copyright claim.

What about in Florida?

Consequently, AI-generated works in Florida would likely encounter similar scrutiny. Although Florida’s copyright statutes do not explicitly address AI, precedent suggests that the state would align with federal standards. This mandates human authorship for copyright eligibility. Thus, AI cannot independently claim copyright over its creations in Florida.

What AI using copyrighted material?

Regarding profiting from AI-generated content, legal ambiguities persist. In other words, the law on this question is not settled. Unauthorized use of copyrighted material by AI could constitute infringement. However, if the AI’s output transforms the original work without direct replication, it might qualify for fair use, which is a defense yet to be fully tested in AI-related cases.

What if my business uses AI?

To mitigate legal risks, Florida businesses employing AI should adopt proactive measures. This includes ensuring that AI training data is devoid of unlicensed copyrighted content and transparently disclosing AI involvement in content creation.


In conclusion, the intersection of AI and copyright law in Florida presents multifaceted challenges. As AI technologies advance, we must navigate these complexities meticulously, honoring copyright laws while harnessing AI’s innovative potential. However, while some legal questions have been answered, others are still working their way through the courts.