When AI Creates, Who Signs? - Luciene Grubbs
- Relatable Media Team
- Mar 1
- 5 min read
Yes, these are different times. Although the Digital Age has been a reality for many years, let’s say it has now entered a new chapter: the emergence of Artificial Intelligence (AI).
As we know, this astonishing tool has many functionalities, but one of them deserves attention—and a bit of caution! Let’s think together.
AI, as it exists today, has evolved creative work in countless ways. It has become an influential collaborator, capable of generating impressive visual artworks, composing moving poetry, and even drafting legal documents.
However, the big "X" of the matter, which remains unresolved to this day and which we will address in this article, is: who truly owns the rights to AI-generated work?
This question is not just a legal one, as some might think. Above all, it carries a profound philosophical inquiry, challenging our deeply rooted concepts of creativity, authorship, and ownership.
THE RISE OF AI IN CREATIVE FIELDS
Indeed, the AI revolution is extraordinary. Tools such as OpenAI’s GPT-3 and DALL-E allow users to create engaging texts and stunning images with just a few clicks, regardless of their background.
Through AI, information, work, and creativity have been democratized, encouraging everyone to break barriers and express themselves.
Let’s take Deepseek as an example. Launched in January 2025, it assists users with tasks such as composing emails, answering questions, and generating ideas for creative projects. Its sophisticated algorithms generate content and analyze trends, making the creative process more accessible and collaborative.
In other words, the tool thinks for you. And researches. And studies. If your need is for graphic design, Canva, for example, also offers AI-powered features, allowing users to easily create professional-quality designs for social media and presentations. But after all, who holds the rights to graphics created with Canva’s AI tools? The answer depends on several factors. Let’s analyze them:
BRIEF LEGAL CONTEXT
To understand and resolve the issue, it is essential to know the fundamentals of copyright law.
Copyright protects original works of authorship, granting creators exclusive rights to reproduce, distribute, and publicly display their creations.
The rule has always been clear: the creator of a work holds its rights. However, the introduction of AI into this equation forces society to rethink its own concepts.
In 2019, the U.S. Copyright Office ruled that works created solely by AI, without human intervention, cannot be granted copyright protection. The decision is based on a simple, long-standing principle: copyright requires a human author. However, as AI technology evolves, we conclude that our understanding of what it means to be a creator must also evolve.
THE HUMAN ELEMENT
The degree of human involvement is crucial in determining ownership of AI-generated works.
If users input specific parameters, commands, or creative directions for the AI, can they claim ownership of the resulting creation? The answer is not simple, as collaboration between humans and AI often blurs the lines of authorship.
Consider an artist using AI, such as Deepseek, or a platform like Canva to generate initial ideas or drafts. They refine and modify the output, ultimately creating a work that reflects both human creativity and machine assistance. In such situations, the idea of co-authorship becomes inevitable. A hybrid model, perhaps.
After all, if AI significantly contributes to the final piece, should it be recognized as a co-author? Or does the human creator retain exclusive ownership?
This is a new dynamic that challenges our current paradigm.
INTERNATIONAL PERSPECTIVES ON AI AND COPYRIGHT
Regardless of the perspective adopted, the fact is that this is a global issue.
The European Union has been studying how to adapt its copyright laws to the AI context, proposing regulations that address transparency, accountability, and the protection of creators' rights.
While some jurisdictions remain conservative on the topic, the rapid advancement of AI demands a timely and appropriate response.
Regarding everything we have discussed so far, I bring a quote from ancient wisdom:
"Balance is the key."
From this concept, we can move forward with solutions.
POSSIBLE PATHWAYS TO SOLVE THE ISSUE
As we navigate the evolving landscape of AI and copyright, several potential solutions may emerge to address the complexities of ownership:
New Legal Frameworks: Governments and international organizations must establish specific regulations for AI-generated works. Such frameworks will provide clear guidelines on ownership, licensing, and attribution, ensuring that creators are protected while continuing to innovate.
Licensing Agreements: Creators may enter into licensing agreements with AI developers, defining the terms of ownership and use of the generated content. These contracts offer clarity and protect the rights of all parties involved.
Attribution Standards: Widely accepted standards for attributing AI-generated content help mitigate ownership disputes. When using AI tools, clear guidelines will assist users in understanding their rights and responsibilities.
Education and Awareness: As AI becomes increasingly integrated into creative processes, educating creators about their rights and the implications of AI-generated content will be essential. Workshops, seminars, and online resources empower artists to navigate the complexities of copyright law in the digital age, ensuring they are well-informed and prepared.
CONCLUSION
Although the complexities surrounding AI and copyright generate broad debates, the essence of human creativity and the principles of copyright will prevail. As we navigate this rapidly evolving landscape, we must embrace AI’s collaborative potential without losing sight of the human spirit that drives true artistry.
The future may bring new regulatory frameworks and understandings, but the irreplaceable value of human imagination will always stand out, reminding us that creativity, in its purest form, is a uniquely human trait. Together, we can harmonize innovation and tradition, forging a path that honors both the artist and the art.
Luciene Grubbs is a legal consultant certified by the Florida Bar in the United States and a lawyer licensed by the Brazilian Bar Association. She holds an L.L.M. in U.S. Law from George Mason University— Antonin Scalia and an L.L.M. in Business Law from Ibmec-RJ in Brazil.
Luciene lives in Miami, FL, and has over 20 years of legal experience in Brazil and the United States. She has worked with prominent law firms and companies in both countries throughout her career, demonstrating her expertise in business law, immigration, copyright, contracts, and corporate law. As a legal consultant, Luciene assists clients with cross-border legal issues, combining her deep understanding of Brazilian law and culture with her knowledge of the legal system and culture in the U.S. As a founding partner of Grubbs, she guides individuals and American companies seeking to operate in Brazil, as well as helping Brazilian companies expand their operations in the United States.
Website: https://lawgrubbs.com/en/home-en/
Instagram: @lawgrubbs
Article published in The Relatable Voice Magazine - March 2025.
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