Artificial intelligence has gone from being a lab curiosity to a transformative force in how we create, innovate, and protect ideas. For professionals working in intellectual property (IP), this shift raises urgent new questions.

In this article, we’ll explore the legal challenges surrounding AI-generated content, and how tools like Hubstream help teams connect data, identify patterns, and take action with greater accuracy.

Who Owns AI-Generated Content?

If an AI creates an image, video, or slogan—who owns the rights?

• The company that used the tool?
• The person who wrote the prompt?
• The AI developer?
• Or… no one?

This is more than a philosophical question—it’s a legal gray area that has real implications for brands.

1. Only Human Authorship Is Copyrightable

The U.S. Copyright Office has made its stance clear: only works with human authorship are eligible for copyright protection. If a work is created entirely by AI without meaningful human input, it cannot be registered for copyright.

Example: If you type a prompt into an AI tool and publish the output as-is, it’s considered non-human authored—and not eligible for copyright.

2. Partial AI-Generated Works Can Be Protected—With Human Creativity

If a human contributes in a meaningful, creative way, the resulting work may be eligible for copyright. The human input must be:

• Creative (not just technical adjustments)
• Original
• Substantial enough to make the human a co-author or dominant contributor

The Copyright Office will assess this on a case-by-case basis.

Examples that might qualify:

• An AI-generated image that’s been heavily edited or combined with human-created elements
• A script drafted by AI, but significantly revised and rewritten by a human
• AI-generated assets used as raw material in a human-led creative process

Examples that likely don’t qualify:

• An AI-generated image, article, or song published directly from the output
• Basic edits like cropping, adjusting brightness, or adding a title

If you can’t clearly identify which parts were created by a human versus AI, you may not be able to claim copyright protection. Without that protection, you can’t prevent others from using or copying it, opening up serious risks for marketing, branding, and protecting creative assets.

Case in Point: “AI Barbie” and the Risks of Brand Misuse

Following the release of the hit Barbie movie, social media exploded with the “AI Barbie” trend — where people used generative AI tools (like Midjourney) to create stylized images of themselves as Barbie dolls. The AI tool would transform the user into a “Barbie-fied” version, complete with outfits, captions (“This Barbie is a Privacy Lawyer”), and accessories like laptops or legal documents.

But here’s the catch: Barbie is a copyrighted and trademarked character. Using AI to recreate or remix her likeness — even for fun — can land you in legal hot water. Mattel owns trademarks and copyrights for everything from Barbie’s name, logo, and colors (like Pantone 219C pink) to her appearance, voice, storyline, and fashion.

Why It Matters

Mattel has taken a tough stance: issuing DMCA takedown notices and pursuing legal action against creators or developers who use Barbie’s likeness without permission — including AI avatars, chatbots, or apps that resemble Barbie.

For example: A viral Instagram post captioned “This Barbie is a CEO” might trigger a takedown if it appears official or commercial.

AI in IP Offices: Faster Trademark Reviews, New Oversight Challenges

It’s not just brands or content creators embracing AI—intellectual property offices around the world are adopting the technology to speed up trademark processes and improve consistency.

How the USPTO Uses AI

• The USPTO uses AI tools like “Similarity Search” and “More Like This” to help examiners find visually or conceptually similar marks.
• Since September 2022, patent examiners have conducted over 1.5 million searches using artificial intelligence (AI)-powered tools.

Benefits and Challenges: Efficiency Without Losing Control

AI has significantly improved the speed and accuracy of trademark examinations, transforming once-manual processes into faster, more consistent workflows.

However, these gains come with challenges—particularly the risk of algorithmic bias or decisions made without adequate human review. Transparency, human oversight, and accountability remain essential.

The Intersection of AI, Creative Works, and IP Law

While AI-generated content has become routine for creative teams, the legal landscape surrounding it remains uncertain.

Key Questions for Brands and Creators

Best Practices: How Brands Can Protect IP in the Age of AI

Until the laws catch up, brands and legal teams should adopt practical safeguards:

• Document your AI workflow: Track who did what, and how AI was used.
• Add meaningful human input: Strengthen copyright claims by editing, combining, or transforming AI-generated content.
• Vet your tools: Choose platforms that are transparent about training data and offer usage rights.
• Consult legal counsel: Especially when publishing AI-generated material that could overlap with existing IP.

How Hubstream Helps IP Teams Navigate AI-Related Risks

You don’t have to tackle these challenges alone. Hubstream gives legal and brand protection teams the tools to investigate and enforce IP rights in a world where AI is part of everyday creative processes.

With Hubstream, IP teams can:

• Connect the dots across platforms, including social media, offline channels, and brand monitoring tools to derive insights among infringed cases
• Use AI-powered link analysis and automated workflows to prioritize cases based on risk
• Compare infringed content to copyrighted materials in establishing base for legal proceeding

Final Thoughts: AI Is Reshaping IP—Stay Ahead of the Curve

The legal and creative landscape is shifting fast. As AI continues to influence how content is made and distributed, brands must adapt—not just creatively, but legally.

With the right combination of human judgment, smart tools, and customizable workflows, companies can protect their IP, reduce risk, and lead responsibly in this new era.

Request a Hubstream demo today, and see how you can automate investigations and safeguard your brand with the power of both human and artificial intelligence.