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INDUSTRY INSIGHTS

Copyright holders and AI firms must collaborate, not litigate

The rise of artificial intelligence has sparked intense debates about copyright, intellectual property, and the role of human creativity in the digital age. 

What’s at play? As AI firms train their models on vast amounts of data – some of which may include copyrighted materials – legal disputes have emerged. 

However, rather than engaging in costly and prolonged court battles, copyright holders and AI companies should focus on collaboration. 

Why? AI firms need high-quality data to improve their models, and copyright owners stand to benefit from partnerships that ensure fair compensation and broader exposure for their work.

Recent copyright lawsuits involving AI firms

Several high-profile lawsuits have highlighted the tensions between AI companies and content creators. 

For example, OpenAI and Microsoft are facing lawsuits from The New York Times and other media organisations, alleging that AI models were trained on copyrighted news articles without permission.

Similarly, artists and authors have sued AI firms like Stability AI and Midjourney, arguing that their work was used without proper credit or compensation.

In another case, Getty Images sued Stability AI for allegedly using millions of copyrighted images to train its Stable Diffusion model without authorisation. The lawsuit claimed that AI-generated outputs could even contain remnants of Getty’s watermark, underscoring concerns about intellectual property rights and fair use.

These cases illustrate the growing conflict between AI development and content ownership. 

However, litigation is often a slow and expensive process with uncertain outcomes. 

A more constructive approach would be for AI firms and copyright holders to work together to establish mutually beneficial agreements.

The need for high-quality source data

AI models rely on vast amounts of data, and the quality of that data directly impacts their performance.

Poor-quality or unauthorised training data can lead to biased, inaccurate, or legally problematic outputs. 

“As AI-generated content becomes more prevalent, there is an increasing need for reliable, high-quality source material,” says Stephen Conmy, founder of Contenseo. 

This reality creates an opportunity for copyright holders and AI firms to negotiate agreements that benefit both parties. 

Rather than scraping content without permission, AI companies could license high-quality materials from publishers, authors, and artists. 

In return, content creators could receive fair compensation and recognition while ensuring their work contributes to AI development in a controlled and ethical manner.

How AI firms can support and develop high-quality content creators

AI companies depend on human creativity to improve their language models and generate meaningful content. 

If AI firms want their tools to remain relevant and valuable, they must invest in the creators who produce the original works that feed their systems. Here are several ways they can do so:

  1. Revenue-sharing agreements: AI firms can establish licensing deals with publishers, authors, artists, and musicians to fairly compensate them for their work. For example, rather than relying on scraped text from books, AI firms could pay publishers to access their archives legally.
  2. Creator partnerships: AI companies can work directly with artists, writers, and musicians to create AI-generated works in collaboration rather than competition. For instance, AI tools could assist authors in writing, musicians in composing, and visual artists in designing, with clear acknowledgment of their contributions.
  3. Content verification and attribution : AI firms could implement tools to track and verify original content used in training datasets. This would help ensure that creators receive credit and compensation when their work is used to develop AI models.
  4. Funding and grants for original content: Some AI firms have started funding journalism and creative projects. OpenAI, for example, has provided grants for researchers studying the ethical use of AI. Expanding these initiatives to include funding for artists, writers, and other creatives could foster goodwill and encourage innovation.
  5. Better transparency in AI training data: One of the biggest concerns for copyright holders is that they don’t know if their work is being used without permission. AI companies should offer more transparency about their training datasets and allow content creators to opt in or out.

The future: Cooperation over confrontation

AI is here to stay, and its development will only accelerate in the coming years. 

Instead of seeing AI as a threat, copyright holders can look at the potential benefits of collaboration.

AI-generated content can amplify human creativity rather than replace it, provided that content creators are fairly compensated and credited.

On the other hand, AI firms must acknowledge that their models are only as good as the data they are trained on. 

Without human-created content, these models risk producing generic, low-quality, or even legally dubious results. 

By working with copyright holders instead of against them, AI firms can ensure access to the high-quality content they need while fostering a sustainable creative ecosystem.

Both sides have much to gain from cooperation. 

The key is to establish fair, transparent, and forward-thinking agreements that acknowledge the value of human creativity in the AI age. 

In the end, working together will prove far more productive than fighting endless battles in the courtroom.


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INDUSTRY INSIGHTS Tips and advice

What to do if AI steals your copyrighted content? 

When an AI company uses copyrighted content to train their models without permission, it raises complex legal and ethical issues. 

Below, we outline steps you can take, though please keep in mind that this is not legal advice. This is a guide on your rights as a copyright holder and recommended steps to protect your intellectual property.

Let’s do a brief analysis of the situation and the possible remedies. 


First, confirm your ownership and gather evidence

Copyright ownership

Make sure you can clearly demonstrate that you own the copyright to the material in question. If you’ve formally registered your copyright (e.g., with a system like Contenseo or with the U.S. Copyright Office), this will help establish your claim.

Identify the infringement

Gather evidence that your content was used to train the AI. Look for:

  • Publicly available datasets that list your content.
  • Direct references to your content in the AI company’s documentation, research papers, or model outputs. Contenseo can help with this. 
  • Generated outputs from the AI model that are nearly identical to your work, which suggests unauthorised use.

Preserve records

Document and store all evidence, including publication dates, URLs, publications, screenshots, or any correspondence related to the potential infringement.


Second, investigate the AI company

Review the company’s transparency

Some AI companies disclose the datasets used to train their models. Search their website, research papers, or public statements for information about training datasets. 

Look for terms like “common crawl,” “publicly available data,” or specific databases that may have included your content.

Check for licenses or agreements: Ensure that you didn’t unknowingly license your content through a platform that might have allowed its use in AI training.


Third, take action to address the issue

Here’s what you can do depending on your goals (e.g., stopping the use of your work, seeking financial compensation, or both):

A. Send a cease and desist letter

  • Write a cease-and-desist letter demanding that the AI company stop using your content immediately and remove it from their training datasets. Contenseo’s AI digital assistant can help you with this. 
  • Outline your ownership of the copyrighted material and explain how the company is infringing on your rights.
  • State the actions you expect (e.g., cessation of use, or compensation) and provide a timeline for compliance.
  • It’s best to consult a lawyer or copyright specialist to draft this letter to ensure legal accuracy and tone.

B. Negotiate a licensing agreement

  • If the company acknowledges that they’ve used your content, you may be able to negotiate a retroactive licensing agreement, which allows them to continue using your work for a fee. Contenseo can also help you with this, just use our contact form.
  • Use this opportunity to set terms, such as ongoing royalties, attribution requirements, or a lump-sum payment.

C. File a DMCA takedown request

  • If your content is hosted on a public platform or dataset (e.g., GitHub, Hugging Face, Kaggle), you may file a DMCA takedown request to have it removed.

D. File a copyright infringement claim

  • If the AI company refuses to cooperate, you may need to escalate by filing a formal copyright infringement lawsuit. A lawyer specialising in intellectual property law can guide you through this process.

Fourth, protect your copyright for future use 

  • Watermark your content: Add visible or invisible watermarks to your work to make unauthorised use more easily detectable. If it is written content, you can secretly watermark the content by adding in only something you know about your subject or your company. 
  • Use copyright management tools: Leverage tools like Contenseo.com, the Copyright Clearance Center or digital rights management (DRM) systems to control and monitor the use of your content.
  • Restrict access: If your content is online, consider implementing licensing requirements, paywalls, or terms of service that explicitly prohibit scraping, reproduction, or unauthorised use. You can register your copyrights on Contenseo.com.

Fifth, seek professional help

Since these steps may involve legal complexities, we recommend consulting an intellectual property lawyer. They can:

  • Assess the strength of your copyright claim.
  • Help you navigate copyright law in your jurisdiction (which may vary).
  • Negotiate directly with the AI company or represent you in legal proceedings.

Sixth, industry advocacy

Finally, consider joining or supporting industry coalitions advocating for ethical AI use and copyright protections. 

As AI continues to evolve, there’s increasing pressure on governments to establish clearer rules for how copyrighted material can be used for training purposes.


A rapidly evolving area

‘While the above outlines practical steps, remember that this is a rapidly evolving area of law,’ says Stephen Conmy, founder of Contenseo.

For now, your best course of action is to collect evidence, enforce your rights through negotiation or legal channels, and seek legal advice from an attorney with expertise in intellectual property and AI. 

If you’d like, we can help you draft a cease-and-desist letter or a content licensing agreement tailored to your situation. Just contact Contenseo and let us know what you need.