The rise of generative AI has sparked growing unease among artists, writers, and musicians regarding copyright protection and transparency. Many creatives fear their work is being used to train AI models without their consent, and they currently lack the tools to enforce their rights. As AI-generated content becomes more prevalent, the boundaries between originality and replication blur, leaving creators increasingly vulnerable. As a content creator myself, I realise there is no law protecting my art from someone pressing a simple download button. EU is currently making changes to the AI Act, which we have covered in multiple topics as The AI Act’s Influence on Generative AI Industries and Creators. This is an overview of worldwide AI legislation and how it impacts content creators, artists and you, as individuals.
AI’s Impact on Copyright and Artistic Rights
The hard truthe to swallow is that the AI world is reshaping copyright in ways that predominantly favour corporations over individual creators. Critics argue that traditional copyright laws are being twisted to serve business interests, rather than protecting artistic expression.
A significant concern is the lack of transparency in how AI companies acquire training data. Many suspect that mass web scraping is occurring without consent, pulling in countless images, articles, and music pieces to refine generative models. Since AI-generated outputs can closely mirror original works, this raises ethical and legal dilemmas surrounding plagiarism and intellectual property violations.
At the time of writing this article, creatives have no means to check if their work has been used in AI training. Most of them have not received any contact or proof their work has been used, especially concerning minor creators. And this fact, as a creator is a terrifying concept. The regulatory blind spot that allows this is a critical failing of the EU’s AI Act in relation to copyright protection. Additionally, without proper regulation and labelling, AI-generated content flooding the market could devalue original creative works, making it harder for artists to sustain their careers.
The Impossible Task of Opting Out
Artists and musicians highlight the difficulty—if not impossibility—of opting out of AI training datasets. Current regulations do not require companies to disclose the data they use, leaving creatives with no choice but to accept that their work might be repurposed without permission.
Although new EU rules set to take effect on August 2 will require tech firms to provide summaries of training data, these requirements remain vague. Even if some disclosures are made, it’s unlikely they will be detailed enough for artists to verify if their work is included. The AI industry continues to resist stricter regulations, citing concerns over trade secrets, but this only adds to the lack of clarity creatives face. Can you imagine the administrative burden of cross checking each individual creator and works involved?
Michelangelo may be long gone and unable to protest the theft of his work, but today’s creators can – and should. Even in his time, copyright violations were widely despised.
Cultural Call for Action
In response, a coalition of cultural organizations has urged the European Commission to strengthen AI transparency measures. In a recent letter, they warned that AI’s unchecked influence on artists and performers represents a systemic risk, calling for stricter policies to safeguard intellectual property rights.
These groups argue that AI models should be required to obtain explicit consent before incorporating copyrighted material into training datasets. They also advocate for fair compensation models, ensuring that artists benefit financially when their work contributes to AI-generated content. However, policymakers remain caught between the demands of creatives and the AI industry’s claims that tighter regulations could stifle innovation.
Copyright Collecting Societies and AI Licensing
Organizations like GESAC (The European Authors’ Societies) and CISAC (The International Confederation of Societies of Authors and Composers) propose licensing models similar to those used in the music streaming industry. This approach would require AI companies to pay for the rights to use copyrighted material, ensuring that artists receive compensation for their contributions. Imagine artists having subscription policies to AI companies, wouldn’t that be fun to see?
Such a system could strike a balance between AI development and fair remuneration for creatives. It may also reduce unauthorized content scraping, giving AI companies a legal, ethical route to access high-quality datasets.
The Worldwide Push for Stricter Legislation
The European Commission is actively considering amendments to copyright law to address AI’s rapid evolution. One proposal includes a compulsory AI dataset registry, requiring companies to list the content used for AI training. This would increase transparency and allow creators to check if their work is being exploited. Additionally, some EU lawmakers are advocating for real-time monitoring mechanisms to track AI compliance with copyright laws. If implemented, such regulations could serve as a blueprint for other regions grappling with similar issues.
While the EU is leading efforts to address these concerns, similar debates are unfolding worldwide. In the United States, lawsuits have been filed against AI firms accused of using copyrighted content without permission. Meanwhile, countries like Japan and Canada are re-evaluating their AI policies, weighing innovation against creators’ rights.
The global nature of AI development means that international cooperation is essential to shape ethical AI regulations, with a balanced approach to individuals as to corporations. Without a unified approach, companies may exploit legal loopholes in jurisdictions with weaker copyright protections, making enforcement even more difficult.
A Content Creator’s Perspective
As a content creator myself, this issue is deeply personal, since I’ve noticed my images cropped, slightly edited and reposted. As many artists, dedicating hours in studying tools, in my case photography and AI generation with Photoshop, adjusting every detail to create something meaningful. The thought that my work could be scraped, fed into an AI model, and repurposed without my knowledge or consent is frustrating.
If you’d like to see more of my personal work and what all can be achieved with AI, find me on X and just for digital images on Instagram.
The right to control our own work should not be a privilege—it should be the standard.
If AI-generated content competes with original creations without crediting or compensating the original artists, it undermines the value of creative labor. Protecting artistic rights isn’t just about legal frameworks; it’s about respecting the dedication, skill, and time that go into every creation.
