Authorship of Artificial Intelligence Content

With the acceleration of digitalization, artificial intelligence (AI) tools have begun to be used extensively to generate articles, images, videos, music, software code, and even legal text drafts. This raises the critical question: "Who is the copyright holder of content generated by artificial intelligence?"

In Turkish law, both the Law on Intellectual and Artistic Works (FSEK) and international copyright debates must be directly applied to AI-generated content. However, since the current legislation is drafted based on human creativity, significant gaps and areas of debate are emerging in the age of AI.

Below you will find a framework that includes both legally compliant and practical recommendations for implementation

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1. Legal Framework: According to the Law on Intellectual and Artistic Works (FSEK), who is the "Work" and who is the "Author"?

According to the Turkish Law on Intellectual and Artistic Works, in order for content to be considered a work, it generally must meet the following criteria:

• It should bear the distinctive character of its owner (personal, unique quality),

• It is the product of intellectual labor,

• Having taken on a specific form

is necessary.

The most critical element here human creativity (being a product of the human mind) . In other words, whether a text, image, or music created entirely automatically by a machine can be considered a "work" in the classical sense of the Turkish Copyright Law is debatable.

The author of a work , as a rule, the natural person. Since artificial intelligence is not currently recognized as a "person" under Turkish law, it is legally impossible for AI to be the author of a work.

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2. Do AI-generated contents count as works of art?

The main distinction here is this:

1. Fully autonomous AI generation

   • If the user simply “presses a button” and the system generates content from its own data pool using its own algorithm, then the original human contribution becomes questionable.

   • In this case, there is a high risk that the resulting product will not be considered a classic "work" within the meaning of the Turkish Copyright Law, because it is not clear that it reflects human characteristics.

2. Human creativity + AI assistance

   • If the user provides detailed instructions, rewrites the draft, makes selections, adds or removes elements, creates original content, adds style, and personally shapes the final text;

   • In this case the final productcan only acquire the quality of a "work of art" to the extent that it embodies human creativity. AI acts as a kind of auxiliary tool (like a pen, camera, or editing software).

Therefore, authorship of AI-generated contentdepends on whether it is "entirely a machine product or created with human creative input."

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3. To Whom Does the Authorship Belong?

3.1. The Person Using the AI ​​Tool (The User Giving the Prompt)

• It provides comprehensive instructions to the AI,

• Selecting, editing, and structuring the content,

• If they are making creative changes to the final text/image,

In most cases, the strongest candidate to be recognized as the author is the user.

Specifically, a user who directs the AI ​​with specific instructions such as "use this title, cite these legal norms, create a narrative in this style" can acquire the status of author under the Law on Intellectual and Artistic Works if the resulting content reflects their own unique style.

3.2. Company or Programmer that Developed the Artificial Intelligence Software

As a general rule:

• The person or company that developed the software automatically claim ownership .

• However, this does not mean that different provisions will not be included in the software's terms of use (Terms of Use, User Agreement, License Agreement)

Some AI platforms, on the content they generate:

• The user is granted a full license,

• In certain circumstances, a claim of joint ownership may be made

• Limitations of commercial use

They can regulate it in detail. Therefore, the terms of use of each platform must be carefully reviewed.

3.3. Employer-Employee Relationship (Use of AI in the Workplace)

The most common scenario encountered in practice is this:

• An employee uses AI to prepare reports, articles, designs, code, or presentations at the employer's instruction.

When Turkish Labor Law and the Law on Intellectual and Artistic Works are considered together:

• In the case of content that qualifies as a work produced for the purpose of performing a job , the majority of the financial rights can be considered to belong to the employer, due to the nature of the contract and the work

• However, clearly regulating this matter an employment contract, confidentiality agreement, and intellectual property protocol is extremely important to prevent future disputes.

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4. Copyright and Licensing in Artificial Intelligence Content

4.1. Terms of Use and License Agreements

Most AI tools require the user to consent to the following:

• The generated data can be used in the development of the system,

• Storing, processing, and anonymizing the content,

• In some cases, the platform may have limited licensing rights over the content produced.

Therefore, content is to be produced for commercial purposes:

• The terms of use should be read carefully

• In particular, the headings “copyright”, “ownership of outputs”, and “license to use outputs” should be examined individually

• If necessary, a separate Intellectual Property Rights Transfer and Licensing Agreement should be signed between the user and the customer .

4.2. What Should Be Written in the Contract in Customer Relations?

If you are providing AI-powered content to your client as a lawyer, agency, software company, or content creator, the following points must be included in the contract:

• Information regarding the use of artificial intelligence tools in content production ,

• Explicit provisions regarding the nature of the work and copyright regime (transfer of financial rights, license period, scope of use),

• Who will be held responsible for third-party claims of rights violations?

• Data security and GDPR aspects in AI outputs ,

• Updates, revisions, and limits of liability.

This transparency and minimizes potential copyright and compensation risks.

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5. International Approaches and Their Reflections on Turkish Law

The picture is not uniform around the world either:

• US Practice: The US Copyright Office does not grant copyright registration to content that is entirely generated by AI with only a “minimal” level of human contribution; a significant human creative contribution is required.

• EU Debates: The EU does not yet have a fully uniform copyright regime for works created with artificial intelligence; however, human creation remains the fundamental criterion. The EU's Artificial Intelligence Act focuses more on security, transparency, and accountability; it does not directly regulate authorship.

In Turkish law, too, until new regulations are made, it is highly likely that:

• In content that involves human creativity and uses AI as a tool, ownership of the work belongs to humans.

• In fully autonomous production, the approach of limiting or completely disregarding copyright protection will continue to be adopted.

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6. Risks in Practice and Legal Recommendations

6.1. Risk of Breach: AI Can Reproduce Content It Has “Learned”

AI systems generate content by learning from very large datasets. This situation:

• To produce works that are significantly similar to existing ones,

• Claims of "copyright infringement" can arise from design, photography, logos, text, and software code.

It carries a risk.

Therefore, the content generated by AI:

• It definitely needs to be reviewed by human hands,

• It should be adapted, revised, and source checked if necessary

• "Similarity detection tools" should be used, especially in the visual and musical fields.

6.2. Personal Data Protection Law and Personal Rights

In content generated with artificial intelligence:

• If photographs, voices, images, names, or elements relating to the private lives of real people are used,

• This data explicit consent, information provision, data minimization, and purpose-relevance.

• Care must be taken to ensure that data uploaded to AI is not shared illegally with third parties.

Otherwise, both administrative fines under the Personal Data Protection Law and of compensation claims due to violations of personal rights may arise.

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8. Conclusion: Artificial Intelligence is a Tool; Authorship Still Remains Human

In summary:

• In Turkish law, artificial intelligence is not recognized as an independent "author".

• In content generated by artificial intelligence , authorship essentially belongs to the people who contributed creatively to that content .

• It should be considered that fully autonomous AI outputs, with minimal human intervention, may not provide classic copyright protection under the Turkish Copyright Law.

• Employer-employee relations, agency-client agreements, and AI platform terms of use must be secured with legal texts, and copyright, licensing, and responsibility sharing must be clearly regulated.

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Frequently Asked Questions (FAQ)

1. According to the Turkish Copyright Law, would an article I created using AI be considered a work of art?
If AI was used only as a "drafting tool," and you added your original plot, narrative style, legal assessment, and interpretive skills to the text, the resulting product can largely your work . However, in completely automated outputs with almost no human intervention, the status of the work becomes debatable.

2. Can the company providing the AI ​​tool claim rights over the content produced?
There is no automatic right stemming directly from the law; however, the user agreement . Therefore, when producing commercial or strategic content, you should definitely review the platform's terms of use.

3. Who owns the copyright to the legal report I prepared for my client using AI?
Generally, the lawyer or legal professionalthe copyright holder; however, it is possible to transfer the financial rights to the client or grant a broad usage license through a contract. Especially when working with corporate clients, it is important to clarify the "copyright and usage rights" section in the written contract.