AI and intellectual property – who owns AI-generated works?
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What companies, creatives and developers need to know when AI produces texts, images or inventions

An AI tool generates text, an image, or a technical solution at the touch of a button – and suddenly the question arises: Who actually owns it? Am I allowed to use it? Am I allowed to sell it? And what happens if someone else uses "my" AI-generated content? This is precisely where the legal problems begin, which many only realize when it's too late. Rogert & Ulbrich advises companies and creative professionals on all matters relating to AI, copyright, and intellectual property.

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Who owns texts, images, and content created by AI?

Imagine giving an AI tool a prompt and receiving a finished advertising text, a product image, or a melody. Your first question would probably be: Do I own this now? The honest answer is: That's not yet legally settled – and that's precisely the problem.

German copyright law protects only personal intellectual creations. This means that a human being must be behind the work, whose personal expression is visible in it. Currently, AI cannot be an author – it has no personality, no will of its own, and no creative intentions. Technically speaking, what it produces is not a copyrighted work.

For you as a user, this means that copyright protection may arise depending on how much of your own creative input you contributed to the development process – through prompts, adjustments, selections, and customizations. Someone who simply presses a button and accepts the result unchanged is in a weaker legal position than someone who has created an individual result through targeted input. The exact boundary has not yet been legally defined in Germany.

Do you want to use AI-generated content commercially and be on the safe side? We help you assess what is legally possible – and what isn't.

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AI training with third-party content – when does this infringe your copyright?

The other side of the coin is even more explosive: Generative AI systems, such as image generators or speech models, were trained on vast amounts of content—texts, images, music, source code. Much of this was copyrighted and used without the permission of the rights holders. This isn't just an American problem, as evidenced by lawsuits against OpenAI or Midjourney. It also affects every German photographer, writer, or software developer whose work may have become part of a training dataset.

In Germany, Section 44b of the Copyright Act regulates so-called text and data mining. Under certain conditions, the law permits the automated analysis of content – and providers of AI systems invoke this provision. Whether AI training is actually covered by this law is subject to varying legal interpretations and depends heavily on the specific circumstances. It's important to know that copyright holders can actively object to mining. Those who don't may have fewer legal options.

For companies that produce or manage their own creative content – whether agencies, publishers, software companies, or platform operators – the question arises: Has your intellectual property been used to train AI systems without your knowledge? And what can you do about it? The legal situation is complex, but not hopeless.

Has your content potentially been used for AI training without permission? Talk to us before taking action on your own.

When using third-party AI content – what risks you should be aware of

It's not just the question of what happens to your own work that's relevant. The reverse scenario is also a real risk: you use AI-generated content—images, text, code—and suddenly someone contacts you claiming the work infringes their copyright. This can happen because the AI system, during training, has so thoroughly "internalized" existing works that it produces results for certain prompts that closely resemble the original.

Several such cases have already been documented. Image generators have produced works that so closely resembled those of well-known artists, either stylistically or in terms of content, that cease-and-desist letters were issued. In other cases, AI-generated code has contained passages taken from licensed open-source projects. Anyone who adopts such content without verification and uses it commercially bears the liability risk.

Furthermore, many usage agreements with AI providers are structured in such a way that liability remains with you as the user. This means that if someone makes a claim against you because the AI result infringes on someone else's intellectual property, you are responsible – not the AI provider. This should be a factor in your decision regarding which AI tools to use and for what purposes.

Do you use AI tools for your marketing, product development, or software? We help you understand and limit the legal risks.

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AI and patent law – who is the inventor when a machine provides the idea?

What applies to copyright law also applies, in principle, to patent law: only a human being can be an inventor. But borderline cases are increasing. What happens when an engineer uses AI as a tool to develop an invention – and the AI contributes a significant part of the idea? Who is then the inventor in a legal sense? What requirements must the human contribution meet to justify a patent application?

These questions are not merely academic. They have already landed in patent disputes. In several cases, AI developers have attempted to register an AI as a co-inventor – and have failed. Patent offices in Germany, Europe, and the USA have rejected these applications: According to patent law, an inventor must be a natural person. Nevertheless, the question remains: how much independent human contribution is required when AI is heavily integrated into the development process?.

For companies that use AI in research and development, this presents concrete risks: A patent application that conceals or misrepresents the actual role of AI can be rejected or subsequently challenged. Conversely, companies that fail to adequately protect their AI-supported developments with patents risk having competitors freely use the technology.

Is your company developing products or technologies with AI support? Have these developments reviewed early on to determine how they can be legally protected.

How to protect your own works from unauthorized AI training

If your company produces creative content – text, images, software, designs, music – the question inevitably arises: What can we do to prevent this content from being used to train AI systems without our permission? There is no perfect solution, but there are measures that can significantly strengthen your legal position.

The most important step is the active reservation of usage rights under Section 44b Paragraph 3 of the German Copyright Act. Those who clearly and machine-readably communicate that their content may not be used for text and data mining have a stronger legal position. Technically, this can be implemented via special metadata, copyright notices on websites, or entries in the robots.txt file. Whether this is effective against all AI providers depends on their methods and the legal situation in the respective country – but it's better than nothing.

Furthermore, it's worth reviewing your own contractual situation: What rights do you grant to the platforms and services where you publish content? Many terms and conditions allow platform operators to use user content for their own purposes – including AI training. Those who don't want this must take proactive measures: through contract negotiations, careful selection of the platforms used, or by refraining from publishing on platforms where the terms are unacceptable.

Want to know how well your content is protected today? We'll assess your situation and show you what concrete steps can be taken.

What the AI regulation additionally requires – transparency as a new obligation

The AI regulation does not directly regulate copyright – but it supplements it with a new obligation that is relevant for everyone who publishes or uses AI-generated content: the Labeling requirement. Anyone who creates and publishes or distributes images, videos, texts, or audio content using AI must label this content as AI-generated. This has been in effect since February 2025.

This may sound like a minor detail, but in practice it's a potential source of error. Anyone using AI-generated advertising graphics, automatically created product descriptions, or AI-spoken audio tracks without proper labeling is violating the AI Regulation – and simultaneously risks receiving a cease-and-desist letter from competitors. This is because the lack of labeling can be considered unfair competition: other companies that comply with the requirement are thereby disadvantaged.

The combination of copyright issues and labeling requirements makes dealing with AI-generated content a two-sided matter: You need to know what rights exist to the content you use – and you need to ensure that this content is correctly labeled. This is more than just a technical task; it's a legal obligation.

Are you using AI content in your marketing, communications, or products? Now is the perfect time to clarify labeling requirements and copyright issues together.

FAQs – Frequently Asked Questions about AI and Intellectual Property

Who owns a text or image created by AI?

It depends on how much of your own creative input you've contributed. Under German law, AI cannot be an author – only humans can be. If you've made an individual contribution through targeted control, refinement, and selection, the result may be eligible for copyright protection. Anyone who simply enters a standard prompt and uses the result unchanged is on shaky legal ground. The precise boundaries have not yet been definitively clarified by German courts.

Is it permissible to use AI-generated images or texts commercially?

In principle, yes – but with limitations. First, you need to check what usage rights the AI provider grants you. Some terms and conditions allow commercial use, others do not, or only to a limited extent. Second, there is a risk that the AI result resembles copyrighted works of third parties because the model was trained on such works. Third, AI-generated content must be labeled as such according to the AI Regulation.

Can someone take legal action against you for using AI-generated content?

Yes, that's possible. If the AI result is so similar to a protected work that it constitutes copyright infringement, the rights holder can assert claims – against you as the user, not just the AI provider. Many AI providers exclude their own liability for such cases in their terms and conditions. The risk then lies with you.

My company produces content. How can I prevent AI providers from using it without my permission?

The most important step is a clearly formulated usage reservation in accordance with Section 44b Paragraph 3 of the German Copyright Act – machine-readable on your website and in metadata. Additionally, you should review the terms and conditions of all platforms on which you publish content: many reserve the right to use AI. A legal review will help you tailor your protective measures effectively.

What happens when an authority conducts an audit?

Then we are here for you. We coordinate communication, compile the necessary documents, and represent your interests – out of court and, if necessary, in court.

What is text and data mining law, and why is it relevant?

Section 44b of the German Copyright Act permits the automated analysis of content under certain conditions. AI providers frequently invoke this provision when accessing published works for training purposes. As a copyright holder, you can object to this access – but only if you communicate this actively and in a machine-readable manner. Whether the training of AI models is actually covered by the law has not yet been definitively decided in Germany.

What labeling requirements apply to AI-generated content?

According to the AI regulation, images, videos, audio, and similar content created with AI must be identifiable as AI-generated. This applies to content that is publicly distributed—for example, in advertising, on websites, or on social media. An exception is made for obviously artistic or satirical purposes. For chatbots, users must be informed that they are communicating with AI. Violations can result in fines and cease-and-desist letters.

Can I be held accountable for AI-generated content that harms third parties, even if I didn't intend it?

Yes. In copyright law, it generally makes no difference to liability whether an infringement was intentional or accidental. Anyone who uses AI-generated content commercially without review bears the risk. Careful selection of AI tools, review of the terms of use, and – in critical projects – a legal assessment of the results can significantly reduce this risk.

What happens to AI content that you received from a freelancer or agency?

When a service provider uses AI tools to create your content, they don't automatically transfer all usage rights to you. It depends on the contract. In many cases, there are no clear provisions regarding the extent to which AI was used and what that means for your rights. We recommend adjusting contracts with agencies and freelancers to address these points.

When should you consult a lawyer?

This is especially important if you use AI content commercially, see your own creative content threatened by AI training, or use AI in your research and development. Early legal support is more cost-effective than dealing with cease-and-desist letters or liability claims later. Anyone with legal expenses insurance that covers copyright or industrial property rights should check whether AI-related disputes are covered.