AI and Intellectual Property

Published on 9th Jun 2026

Artificial intelligence is clever. Sometimes uncomfortably clever. It can draft, design, summarise and generate at speed, but when it comes to intellectual property, speed can create problems rather than solve them.

For businesses, creators and developers, the big question is simple: what happens when AI borrows from the real world?

AI, copyright and the messy middle

AI systems do not create in a vacuum. They are trained on vast amounts of data, and that data can include copyrighted material. That raises an obvious concern for creators - if your work has helped train a model, should you have a say in it?

The short answer is ‘yes’, but the legal reality is still evolving. In the UK, copyright protection remains in place, and the Government’s current position is cautious rather than sweeping. There is no new blanket rule that lets AI developers freely use copyright works without permission, and the debate around licensing, transparency and creator rights is still very much alive.

That means businesses should not assume the law has suddenly caught up with the technology. It hasn’t. AI has sprinted ahead whilst the law is still getting out of bed and putting on its slippers.

The Getty v Stability AI case

One case everyone in this area is watching is Getty v Stability AI, the High Court and Court of Appeal battle over whether Stability AI’s image model was trained on Getty’s copyright-protected images, and whether the resulting system and outputs infringe Getty’s intellectual property rights. It has become a touchstone for the wider question of how UK copyright law applies to generative AI.

At first instance, the High Court found in favour of Stability AI on key points, but Getty was granted permission to appeal. That appeal matters because it may help answer how UK law treats AI models trained on copyrighted works, and whether the output or underlying model can amount to infringement in certain circumstances.

This is not just a case for image libraries and tech companies. The outcome could affect music tools, coding assistants, image generators and any business using AI-generated content as part of its workflow.

Trade marks are not to be ignored

If an AI-generated image reproduces a trade mark, brand name or other distinctive sign, that may give rise to trade mark concerns as well as copyright ones. That matters because trade mark rights can be a much more direct route to enforcement when a brand identifier appears in output it should never have appeared in.

For brand owners, the message is straightforward: monitor what AI tools are doing with your trade marks, and do not assume the problem is limited to copied text or images.

Who owns AI-generated output?

Ownership is another awkward question. If a human designer creates a logo, the legal position is usually clearer. If an AI tool creates it after a few prompts and a bit of editing, things get murkier.

The law still expects originality, and many AI tools have their own terms that affect what users can do with output. So before treating an AI-generated logo, slogan or image as “yours”, check the platform terms and think carefully about the level of human input involved.

A good habit is to keep a record of prompts, drafts and editing decisions. That can help show human contribution if ownership is ever challenged.

What businesses should do now

There is a practical middle ground here. You do not need to panic, but you do need a plan.

For creators:

‘Watermark’ your work where appropriate.
Use metadata and content credentials if available.
Monitor for unauthorised use.
Consider licensing strategies where suitable.

For businesses using AI:

Read the tool terms before using the output commercially.
Keep records of prompts and edits.
Do not assume the output is free from third-party rights.
Use trade mark registration to protect brand assets where possible.

For businesses building AI:

Know what data your model is trained on.
Obtain licences for protected material where needed.
Put transparency and review processes in place before launch.
Build in legal checks early, not after the complaint lands.

A final thought

AI can be an extraordinary creative assistant. It can also be a legal headache with a very fast keyboard. The key is to use it with your eyes open, not with your fingers crossed.

If you are using AI, creating with AI, or worried that your brand or content is being used without permission, now is the time to get advice before the position gets more complicated.

Need help protecting your intellectual property in the age of AI? Contact our team today for clear, practical advice tailored to your business.