Artificial intelligence (AI) has transformed the way content is created online. While computer-generated imagery (CGI) and photo-editing software have been used for years in films, advertising, and social media, advances in AI have made it easier than ever to create realistic digital content that can be difficult to distinguish from reality. One of the latest developments is the rise of AI influencers, virtual personalities that look and behave like human influencers; creating content, interacting with followers, and partnering with brands.
Unlike traditional influencers, AI influencers are not real people. Instead, they are created and managed by individuals or companies using AI and other digital technologies to appear like a real person. As these virtual personalities continue to gain popularity, they raise an important question: who actually owns them? Who owns the content they create, the brand they build, or even their digital likeness? This post explores the intellectual property issues surrounding AI influencers and examines how copyright and trademark laws apply to this rapidly evolving technology.
What Are AI Influencers?
AI influencers are digital persons created with AI algorithms and CGI technology to function like human influencers. AI influencers can be programmed to have their own personalities, social media profiles, and can be used by brands for promotion. The first notable AI influencer, Lil Miquela, was created by tech company Brud. Since then, numerous websites have become available for individuals to design their own AI influencers with just a few steps. However, this raises many legal questions since unlike a human influencer, AI influencers have many people involved. The AI developer, artist, company, brand, and the AI itself are all involved, so questions arise regarding copyright and trademark law.
How IP Rights Apply to AI Influencers
Among the various legal issues surrounding AI influencers, copyright and trademark law are two of the most important for determining who owns the content and brand associated with these virtual personalities.
Generally, copyright protection prevents original artistic works like text, music, images, and software from being copied without permission. In relation to human influencers, copyright protection generally refers to the influencer themself. However, AI influencers do not hold IP rights since they are not human. There is still not a clear answer to who owns the copyright in AI-generated works. If a person uses AI as a tool, the human who directs or controls the creative process may own the copyright if there is enough human involvement. But with how easily accessible AI is, and how hands-off it can be, this makes the answer murkier. With simple websites that allow individuals to design an AI influencer, the copyright ownership would have to be narrowed down to things like how detailed the prompts used were, how the images were edited, and how many AI outputs were used.
With respect to trademark law, a virtual influencer's name may be registered as a trademark if it is used to distinguish the goods or services of one business from those of another. Unlike copyright, trademark ownership is generally more straightforward. The trademark would typically be owned by the individual or company using the AI influencer as a brand in commerce, rather than the AI influencer itself. In addition to a name, businesses may also seek trademark protection for logos, slogans, or other branding associated with the AI influencer. As AI influencers become increasingly valuable marketing tools, trademark protection can help prevent competitors from using confusingly similar branding, protect the influencer's commercial identity, and preserve the goodwill and reputation associated with the brand.
AI influencers are more than a passing trend. Their ability to create tailored content, maintain a consistent brand image, and engage with audiences around the clock makes them an attractive marketing tool for businesses. As their use continues to expand, understanding the intellectual property rights surrounding these virtual personalities will be essential for businesses looking to protect their creative works and commercial brands.
Disclaimer: This post was prepared by law students at WIPILC. The information provided is for informational purposes alone, shall not be interpreted as legal advice, and is not intended to provide advice or recommendations.