The main rule is that the neural network does not exempt from responsibility. If the result of the generation repeats or too closely resembles an existing work, and you use it in advertising, on a website, or in a product, you can become a defendant in a copyright infringement case. It doesn't matter that the content was generated by AI.
Under Russian law, an author is a person who has created a work creatively. A neural network is not a subject of law, which means it cannot be considered an author. Even if you have spent hours generating using AI, the court may not recognize it as a full-fledged creative work. There are already precedents, including in foreign judicial practice.
If you use AI as an auxiliary tool and refine the result, the chances of protecting your rights are higher. For example, if a designer used a neural network to sketch and then edited the image manually, this result can be considered copyrighted. It is also important to record your actions.: save queries (promptas), screenshots, revision files, and receipts for paid neural network licenses.
Lawyers recommend carefully reading the user agreements of neural networks. Some platforms, such as ChatGPT or DeepSeek, allow the results to be used for free and without specifying the source. Others, such as Midjourney or Suno, require a paid subscription for commercial use. It is also important to remember that conditions may change, so you should double-check the current rules before publishing.
You can't enter the names of famous characters, movies, books, or musicians into promptings. This increases the risk of generating content that violates copyrights. The exception is neural networks that run on licensed data or collaborate with photo stocks.
To minimize the risks when working with contractors (designers, copywriters), enter into a contract stating that the contractor guarantees the originality of the work and does not use AI without permission. It is also desirable to specify in the contract a mechanism for compensation of losses in case of claims.
Judicial practice shows that if the result of a neural network copies an existing work or is close to it in style and content, even visual similarity will be considered a violation. Liability can be both administrative and criminal, especially if the amount of losses exceeds 500 thousand rubles.
To protect a business, it is necessary to build legally secure work with content: use proven neural networks, document the creation process, verify the originality of materials and do not forget about copyrights. Only this approach will help to avoid sanctions and preserve the company's reputation.
