Copyright, sources and AI-generated content

Separate model-provider duties from publisher checks covering inputs, licences, sources, similarity, attribution and editorial evidence.

Publicat 1 august 20265 minutes

AI ACT · COPYRIGHT AND EDITORIAL

A model’s ability to produce text or images does not tell you whether you may publish the output, whether it is original or whether it can be protected. A responsible process separates three questions: the model provider’s duties, what you supplied and what you publish under your own responsibility.

GPAI duties do not automatically transfer to the publisher

Article 53 requires general-purpose AI model providers to maintain technical documentation, provide downstream information, implement a policy for complying with EU copyright law and publish a sufficiently detailed training-content summary. The GPAI Code offers a voluntary path for demonstrating transparency and copyright duties. ^[EU-REG] ^[EU-GPAI] ^{[EU-GPAI-OBL]}

An agency, shop or publisher using a model through an interface or API does not thereby become the provider of that GPAI model. It remains responsible for inputs, licences, contracts, claims and published material. Upstream compliance is not a universal licence for every downstream output. ^[EU-GPAI-G] ^[EU-REG]

Check what enters the model first

If you upload a restricted report, images licensed for one channel or a client’s copy, the issue begins before generation. The editorial record should identify each source, rightsholder, licence or permission, allowed purpose and whether the AI vendor may contractually receive it. ^[EU-GPAI] ^[EU-REG]

A public URL does not mean the material is free to copy, adapt or feed into a commercial workflow. For research, retain necessary facts and limited passages with links and context rather than entire unjustified archives. Do not ask a model to imitate a living author or reproduce material you could not republish yourself. ^[EU-GPAI] ^[G-AI]

Output does not carry a certificate of originality

A fluent response may contain common wording, passages close to sources or fabricated elements. A model is not a rights registry and cannot by itself guarantee that output is not substantially similar to protected work. For important material, check distinctive phrases, structure, names, quotations and visual elements through documented search and comparison. ^[EU-GPAI] ^[G-AI]

The GPAI Code includes measures to mitigate copyright-infringing outputs, but these are provider controls and do not eliminate publisher review. A similarity score is a signal, not a legal verdict: context, amount, character of the elements and applicable law may matter differently. ^[EU-GPAI]

Assume neither automatic freedom nor automatic protection

Statements such as “AI made it, so there is no copyright” and “I paid for the subscription, so I exclusively own it” are too broad. The answer depends on human contribution, output, vendor terms, materials used and jurisdiction. Retain the brief, selections, transformations and editorial decisions showing actual contribution. ^[EU-REG] ^[EU-GPAI]

Where exclusivity matters for a logo, campaign or product, do not base the investment on a generic assumption. Obtain legal review of output and contract, check similarity and build substantial human contribution. For critical assets, commissioned creation with a clear chain of rights may be safer. ^[EU-GPAI] ^[EU-REG]

Sources support truth, not merely SEO

For an article, citation serves two distinct functions: it identifies a claim’s origin and enables verification. Link to the document supporting the sentence, not a generic page. Mark quotations, keep paraphrases faithful and do not merge several sources into a certainty none of them states. ^[G-AI] ^[EU-GPAI]

Google recommends accuracy, quality and relevance, including in titles, meta descriptions, structured data and alt text, plus creation context where useful to readers. Citation does not guarantee ranking, but source verification reduces errors and adds value beyond automated publishing at scale. ^[G-AI]

Pre-publication editorial checklist

Record model and version, brief, supplied material and permission, factual sources, relevant prompts, claim checks, similarity search, human changes, approver and vendor terms reviewed. For images, retain the original file, metadata and provenance of added elements. ^[EU-GPAI] ^[G-AI]

If you cannot explain a claim’s source, rights in an input or why an output is sufficiently different, the material is not ready. Return it to review, replace the element or obtain permission. Model speed should not become the speed at which an unexplained risk is transferred to a client or audience. ^[EU-GPAI] ^[G-AI]