Are works created by AI protected by copyright?

With just a few lines of description, artificial intelligence tools can create a photo, an article, even a piece of music in just a few seconds. This opens up many opportunities for content creators, designers, and communicators, but also raises many legal questions.

One of the common concerns is: if a work is created by AI, will it be protected by copyright? And if someone else copies that product, does the AI ​​user have the right to claim protection?

Dear lawyer, today many people use AI to create photos, write content or design. So are products created by AI protected by copyright?

- Not all works created by AI are copyright protected.

According to current regulations, copyright is associated with human creative achievements. Meanwhile, AI is not the subject of copyright.

Therefore, if a product is created completely automatically by AI, without significant human creative contribution, it will be very difficult for that product to be protected by copyright.

In other words, the fact that a user just enters a very simple command, and then lets the AI ​​system automatically generate the entire result without additional choices, editing, or significant creative direction, may not be enough grounds to establish authorship.

In what cases can works using AI still be protected?

- In case people are deeply involved in the creative process, their creative contributions can still be protected by law.

According to Decree 17/2023/ND-CP, amended and supplemented by Decree 134/2026/ND-CP effective from April 9, 2026, works using AI are only considered for protection when humans have made significant and decisive creative contributions. Products created entirely automatically by AI do not give rise to copyright or related rights.

This means, this participation can be expressed through building original ideas, designing detailed prompts, selecting input data, orienting the expression style, evaluating options created by AI, editing, arranging, completing or deciding on the final content of the work.

For example, a designer uses AI to create many image options, then selects and edits the layout, colors, details, and combines them with elements of his own creation to create the final product, then that person's creative contribution can be considered for protection.

The bottom line is that AI only serves as a supporting tool, and humans must have a significant and decisive creative imprint on the final result.

If someone else copies an AI-powered product, can the user claim protection?

- This depends on whether the user can prove his or her creative contribution.

If the product is just an automatic result created by AI, without clearly showing the creative role of humans, requesting copyright protection will be difficult.

On the contrary, if users can prove that they have significantly participated in the creative process, from ideas, commands, choosing options to editing and completing the product, they may have grounds to request protection for their creativity.

Therefore, in disputes related to AI-powered content, the important issue is not only what the final product looks like, but also whether the process of creating that product represents human creativity.

I recommend that creators keep evidence of their work with AI.

These documents may include prompts, command history, input data, drafts, intermediate versions, edit history, original files, idea notes, documents describing the creative process or steps that demonstrate human choice, intervention and control.

Saving the work process not only helps prove the creator's role when registering copyright, but is also important if a dispute arises later.

Is it necessary to declare the use of AI when registering or requesting copyright protection?

- Creators need to be honest about whether they used AI in the process of creating a work, especially when the competent authority requires explanation.

Using AI does not mean that the work is definitely not protected. However, creators need to clarify to what extent AI is used, how humans have contributed, and what part shows their creative mark.

In the context of AI becoming increasingly popular, transparency in the creative process will help limit disputes and increase the ability to protect users' legal rights.

What should content creators and designers keep in mind when using AI?

- People who create content, design, communicate or compose music should consider AI as a support tool, not a "replacement author".

When using AI, users need to proactively develop ideas, control input data, select and edit results, and ensure the final product does not infringe on the copyright or related rights of others.

A new point worth noting is that according to Decree 134/2026/ND-CP, effective from April 9, 2026, products that use artificial intelligence in the creation process must be labeled with display labels or technical markings according to regulations.

This is not only a requirement for information transparency with consumers, but also a legal obligation for individuals and organizations when bringing products into the commercial environment. Failure to label can create legal risks, even in cases where the product is eligible for copyright protection.

In particular, in commercial environments, individuals and businesses need to be careful with input data, images, music, text or style of expression that may involve third party rights.

In fact, this is still a new field and many disputes may arise in the future, especially when the boundary between AI contributions and human contributions is not always clear.

Therefore, AI users should record the entire creative process, be transparent about the use of the tool, and ensure that they have a substantive creative contribution to the final product. This is an important way to protect your rights when necessary.

Thank you very much!