Copyright of the content produced by artificial intelligence (Midjourney, DALL-E, ChatGPT) is a controversial area.
Situation in Turkish Law
- FSEK No. 5846: "The author is human" (article 8)
- AI alone cannot be the owner of the work
- Can the user (prompter) be the owner of the work? Controversial
- No clear case law yet
US and EU Approach
- US Copyright Office: "Only content produced by AI will not be protected"
- Can be protected if human intervention is sufficient
- EU Artificial Intelligence Law (AI Act) is in the process of being drafted
Practical Issues
- Commercial use right?
- Is it a violation if there is someone else's work in the training data?
- Production service terms (Midjourney/OpenAI ToS)
Training Data Problem
- AI model is trained with works found on the internet
- Are these a violation? (Stability AI, Getty Images cases)
- No lawsuits have been filed yet in Türkiye
Practical Advice
- Read the terms of service when using AI content for commercial purposes
- Make human intervention (editing, adding)
- Avoid noticeable use if the copyright belongs to someone else
- Add AI content in contracts
Intellectual property and technology law lawyer recommended.