Copyright and AI
Artificial Intelligence tools are changing how creative work is created and used. Generative AI uses machine learning to create content (text, images, code) based on patterns in training data. Understanding how copyright applies to AI matters whether you’re a creator or a user.
Copyright in AI-generated work
In Aotearoa New Zealand, copyright law treats computer-generated works differently from human-created works.
By default, the person who inputs the parameters to create an AI-generated work is considered the copyright owner, provided the work meets the originality threshold required by the Copyright Act 1994.
This is different from many other countries, though New Zealand’s position is based on legislation written long before generative AI existed and has not yet been legally tested.
There’s no standard international approach to copyright ownership in AI-generated material.
The training data question
AI systems are trained on vast amounts of creative work: books, articles, images, music. Often without creators’ permission, payment, or acknowledgment. This raises serious questions about fairness and creators’ rights. Opt-in, opt-out, and licensing-based models are emerging, but this is far from settled.
Our position
We support the responsible development and use of AI, but not at the expense of creators’ rights. Creative works have economic and non-economic value, and rightsholders should be able to authorise their use, receive acknowledgement, and be compensated.
We support models where creators are paid fairly for how their work is used, rather than legal frameworks that allow AI companies to use creative works without permission or payment.
We also recognise the particular significance of Māori taonga and the obligations of Te Tiriti o Waitangi in how AI interacts with Māori intellectual property and tikanga.
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For detailed information on AI and copyright, see our fact sheet or visit our Knowledge Base or ask a question on the home page.
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