𝐖𝐡𝐞𝐧 𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐅𝐚𝐢𝐥𝐬: 𝐂𝐚𝐧 𝐓𝐫𝐚𝐝𝐞𝐦𝐚𝐫𝐤 𝐨𝐫 𝐍𝐈𝐋 𝐒𝐚𝐯𝐞 𝐘𝐨𝐮𝐫 𝐖𝐨𝐫𝐤 𝐟𝐫𝐨𝐦 𝐀𝐈? (𝐀 𝐓𝐡𝐨𝐮𝐠𝐡𝐭 𝐄𝐱𝐩𝐞𝐫𝐢𝐦𝐞𝐧𝐭)

Imagine this: an AI trains on your work. Later, it generates something eerily similar. Your copyright claim? Weak. Why? “Fair use.”

What’s your move?

This isn’t just a thought experiment; litigation over AI training on copyrighted works is happening right now. The next wave? AIs generating derivative works.

While the future of copyright in the AI era is uncertain, let’s explore other possible IP protections:

𝐓𝐫𝐚𝐝𝐞𝐦𝐚𝐫𝐤𝐬 𝐚𝐧𝐝 𝐒𝐞𝐫𝐯𝐢𝐜𝐞 𝐌𝐚𝐫𝐤𝐬

Businesses use trademarks to protect their brand and products. Could creators of expressive works—like stories or games—use trademarks to protect associated elements?

Think Harry Potter: terms like “Muggles” and “Hogwarts” are trademarked.

Even if copyright protections are weakened by AI use—whether for training or generating new content, AIs reusing trademarked terms could trigger enforcement for dilution or confusion. While a trademark isn’t creative expression itself, it can be a powerful brand protector.

𝐍𝐚𝐦𝐞, 𝐈𝐦𝐚𝐠𝐞, 𝐚𝐧𝐝 𝐋𝐢𝐤𝐞𝐧𝐞𝐬𝐬 (𝐍𝐈𝐋) — 𝐀𝐧 𝐄𝐱𝐩𝐚𝐧𝐝𝐞𝐝 𝐕𝐢𝐞𝐰?

NIL rights—often governed at the state level in the U.S.—typically apply to real people.

Thought experiment: Could these rights be expanded to protect creative characters? If copyright protections continue to weaken, states might explore extending NIL rights to fictional entities. While no current law extends NIL to fictional characters, the growing commercial value of digital personas may push legal boundaries.

While states can’t override federal copyright law, they could create new rights that protect IP holders—imagine Harry Potter having NIL rights similar to a celebrity. (This would require significant legal evolution, but it’s not unthinkable.)

Things are evolving fast. This is food for thought in the ongoing conversation about AI, copyright, tech, and content creators.

If copyright won’t protect us, what will? How are you future-proofing your IP?