AI and copyright: what creators need to understand

Artificial intelligence (AI) and copyright are now at the heart of a global debate. New generative artificial intelligence models can produce text, images, code, music or videos from a simple instruction. But to learn how to create this content, they are often trained on huge volumes of data, sometimes made up of protected works.

An opinion piece published in Le Monde on May 8, 2026, specifically warns about this risk: new AI models could violate copyright on a large scale by using human creations without clear authorization or appropriate compensation.

In this article, you will understand the main legal issues between AI and copyright, what this changes for creators, businesses and users, and the precautions to take before publishing content generated with AI.

AI and copyright: why the topic is becoming central

AI and copyright are coming into conflict because generative models learn from existing content. The issue is not only whether an AI can create, but also whether it legally used the works that allowed it to learn.

For artists, authors, journalists, photographers, publishers or developers, the question is simple: can their works be used to train an AI without authorization? And if an AI then produces content close to their work, is it inspiration, imitation or infringement?

This is what makes the debate so sensitive. Generative AI does not just help create. It can also directly compete with the creators whose works were used to build the models. In March 2026, the European Parliament also adopted recommendations to better protect copyrighted works in the age of AI, with three priorities: transparency, compensation and the ability for rights holders to refuse the use of their content in model training.

The subject therefore goes beyond simple technology. It touches on creator compensation, model transparency, competition between humans and machines, and platform responsibility.

Does AI have copyright?

No, an AI does not have copyright. Under French and European law, copyright protects an original work created by a human person, when that work bears the imprint of creative choices.

This means that content entirely generated by AI, without significant human intervention, is difficult to protect through copyright. The European Parliament also recalls that content fully generated by AI should not be protected by copyright.

The nuance is important. If you simply ask an AI to create an image or text and publish the result as is, your legal protection may be weak. However, if you use AI as one tool among others, with real human work in direction, selection, rewriting, composition or editing, the situation may be different.

For example, an author who uses AI to find an outline, rephrase certain passages or generate ideas keeps a real creative intervention if they write, select, transform and take responsibility for the final result. This is also the logic we defend in our guide Writing a text with AI: AI produces a base, but humans must bring the quality.

What is the impact of AI on copyright?

The impact of AI on copyright is twofold: it creates a risk upstream, when models are trained, and a risk downstream, when content is generated.

Upstream, models are trained on very large volumes of text, images, sounds, videos or code. If this data contains protected works, rights holders may request more transparency, compensation or the ability to refuse this use.

Downstream, the user may generate content that too closely resembles an existing work. An image in the style of a living artist, a text reproducing a recognizable structure or music too close to a protected track can be problematic.

The European Parliament specifically asks that AI providers and deployers communicate a detailed list of protected works used to train the models, as well as information on text and data mining activities. The European Commission has also presented a public summary template for the data used to train general-purpose AI models, in order to help rights holders exercise their rights.

This movement shows that regulation is heading in a clear direction: more transparency on training data and more responsibility for model providers.

AI-generated image and copyright: is it copyright-free?

No, an AI-generated image is not automatically copyright-free. This is one of the most common mistakes: many users think that an image created by an AI tool can be used without any limits.

In reality, several elements must be checked:

• the terms of use of the AI tool
• whether or not the use is authorized for a commercial project
• the possible presence of protected elements
• the resemblance to an existing work
• the use of a brand, character or identifiable person
• the level of human intervention in the final result

An image generated from a simple prompt may not be protected by your own copyright. But it can still be problematic if it too clearly reproduces a style, work, logo or person.

You must therefore distinguish two questions: “do I have rights to this image?” and “do I have the right to use it?”. The first concerns the protection of your creation. The second concerns the risks of exploitation, infringement, image rights or violation of the tool’s terms.

Are you working on AI visuals? Our guide on alternatives to ChatGPT can help you compare tools, but checking usage rights remains essential before any commercial publication.

Alternatives to ChatGPT: the best AIs to use in 2026

Publication date: May 27, 2026 I Reading time: 5 minutes 20s

Can you write a book with AI and sell it?

Yes, you can write a book using AI and sell it, but that does not mean everything is automatically protected or legally secure. The author remains responsible for the published content.

AI can help build an outline, suggest ideas, rephrase a passage, correct a sentence or generate a first version. But if the book relies entirely on automatic generation, without real creative intervention, its copyright protection may be fragile.

You must also check that the text does not unintentionally reproduce existing passages, protected characters, brands, long quotes or false information. A book generated with AI can be published, but it must be proofread like a real manuscript: consistency, originality, sources, tone, rights and responsibility.

If your goal is to better guide AI without losing your creative role, our guide on prompt engineering explains how to formulate more precise requests while keeping control over the result.

Prompt engineering: complete guide to understanding and mastering prompts

Publication date: May 27, 2026 I Reading time: 4 minutes 40s

AI and infringement: where is the risk?

The risk of infringement appears when AI-generated content reproduces a protected work or an original part of that work without authorization. The problem may concern a text, image, piece of music, code or even certain recognizable visual elements.

The difficulty comes from the fact that AI does not always tell you where its result comes from. It can produce an answer that seems new, but that resembles existing content too closely. This is especially sensitive for images “in the style of”, logos, characters, songs, book excerpts or press content.

To reduce the risk, it is preferable to:

• avoid prompts that ask to imitate a living artist or a specific work
• check images before commercial use
• not publish generated text without proofreading
• check quotes and sources
• check the terms of use of the AI tool
• keep identifiable human intervention

This vigilance also applies to professional content. A company that publishes a visual, article or campaign generated by AI remains responsible for the result distributed.

What does the law say about AI and copyright?

The law is evolving quickly. In Europe, the AI Act does not resolve all copyright issues, but it imposes obligations on providers of general-purpose AI models, especially regarding transparency and compliance with European law.

The European Commission indicates that the code of practice for general-purpose AI models helps providers comply with AI Act obligations on safety, transparency and copyright. The “Copyright” chapter proposes practical solutions for implementing a policy of compliance with European copyright law.

The European Parliament goes further in its 2026 recommendations. It notably asks that protected works used by AIs be better identified, that creators be able to prevent the use of their works for training, and that new licensing markets be developed.

This does not mean that everything is already settled. Debates continue on evidence, compensation, opt-out, licenses, real model transparency and provider responsibility. But the direction is clear: AI cannot develop sustainably while ignoring authors’ rights.

What is the difference between copyright and image rights?

Copyright protects an original creation. Image rights protect an identifiable person against unauthorized use of their image.

This difference is important with AI. A generated image may not reproduce a protected work, but represent a real person or strongly resemble them. In that case, the issue is not only copyright: it may also concern image rights, privacy, defamation or misleading use.

For example, generating an image of a well-known person in a fictional situation can be problematic, even if the image is technically “new”. Similarly, using the appearance of a private individual without their consent can create a legal risk.

AI therefore does not remove existing rules. It makes them more difficult to apply, because it makes it possible to create realistic, modified or misleading content very quickly.

Which tool should you use in practice?

The right tool depends on your need. AI can help write, correct, rephrase or structure content, but it does not replace your editorial and legal responsibility.

Ai-ChatPro can be used to generate a first text base, prepare an outline, rephrase an idea or improve content. But for sensitive topics such as copyright, you must always proofread, check sources and avoid publishing generated content without control.

In practice:

• use AI to structure your ideas
• avoid copy-pasting a result without proofreading
• check important sources
• keep a record of your human choices
• check usage rights before publication
• consult a professional for sensitive cases

The goal is not to delegate responsibility for the content, but to save time on structure, wording and first versions.

What to remember

• AI and copyright raise major questions about model training, transparency and creator compensation.
• An AI does not have copyright: protection mainly depends on human intervention and the originality of the final result.
• An AI-generated image is not automatically copyright-free, especially in case of commercial use, imitation or resemblance to an existing work.
• Using AI to write a book, article or visual is possible, but the user remains responsible for the published content.
• European rules are moving toward more transparency, licensing and control for rights holders.

Conclusion

AI and copyright are not necessarily opposed, but their coexistence requires clear rules. Generative artificial intelligence can help create, write, illustrate or structure faster. But it can also use protected works without sufficient transparency, reproduce existing elements or give a false impression of complete freedom.

For creators, the challenge is twofold: protecting their works against unauthorized use and learning how to use AI without losing their creative role. For users, the rule is simple: AI-generated content must always be checked, reworked and used within a clear framework.

The best approach is to treat AI as an assistant, not as an autonomous author. It can speed up creation, but it is still the human who must choose, verify, take responsibility and sign the final result.