Creators of original works should be entitled to the fruits of their labor. However, as artificial intelligence (AI) technologies advance, creators face a growing challenge: the risk of having their intellectual property (IP) scraped and used without permission. AI companies build their tools by systematically collecting and analyzing massive datasets from online sources, including websites, digital media, and public platforms. This process of automated data gathering, known as AI scraping, allows AI developers to extract, compile, and utilize content from across the internet to train and improve their machine learning models.

Whether it is video content, online courses, or digital art, AI scraping threatens the value of creators’ works.

Here is a simple guide, focusing mainly on copyright, designed to help creators, whether individuals or companies, protect their IP and preserve the integrity of their work in the age of AI.

Creators automatically receive copyright protection for their original works under the Copyright Act of 1976 as soon as the work is created and fixed in a tangible medium—whether written down, saved on a digital device, or recorded on physical media. Formally registering the copyright with the U.S. Copyright Office provides critical legal advantages that can significantly strengthen a creator’s ability to defend their intellectual property.

In Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, the Supreme Court ruled that copyright owners must obtain Copyright Office registration before filing an infringement lawsuit, underscoring the importance of copyright registration, although they retain the ability to pursue alternative legal strategies, such as issuing demand letters or sending takedown notices prior to formal registration.

Registering can be particularly important for creators producing high-value assets such as films, digital publications, or other large-scale projects involving copyrighted materials.

Use Website Terms of Service and Privacy Policies

Creators can protect intellectual properties available on their websites by utilizing well-crafted terms of service and privacy policies that explicitly prohibit unauthorized content use, including AI scraping. These documents establish a legal foundation for enforcing intellectual property rights if and when infringement takes place.

Including the appropriate intellectual property notices (e.g. copyright notices like “© 2017 John Doe” or trademark notices like “ABC®”) on websites offers several important advantages, even though these notices are no longer legally required. Effective notices help identify intellectual

property ownership, prevent innocent infringement claims, facilitate permission requests, and clarify publication dates (of copyrighted work).

Opt Out of AI Training Programs

Online platforms such as Google, YouTube, and LinkedIn often default to opting users into their AI training programs in users’ account settings, but these settings can frequently be changed. Creators should be mindful when using these online platforms, and should consider reviewing their account settings, and electing to opt out when appropriate to protect their IP. While this process can sometimes appear tedious, it is another critical step in limiting unauthorized access to your intellectual property.

Utilize Digital Watermarking

Digital watermarking remains a relevant and effective tool in the age of AI. By embedding identifiable markers—visible or invisible—you can assert ownership and track the misuse of your work, including by AI models.

Embed Metadata for Ownership Verification

Metadata serves as an often-overlooked yet powerful safeguard of intellectual property in the digital landscape. Embedding metadata, including ownership information and copyright notices, into digital content provides a clear declaration of authorship and usage rights that can be detected by automated systems. While metadata alone cannot prevent unauthorized scraping, it establishes a record of ownership that may be useful in legal disputes, and helps ensure proper attribution. Additionally, metadata can include specific instructions regarding AI usage, potentially deterring ethical AI systems from using the content without permission and supporting creators in enforcing their intellectual property rights.

Utilize Access Restriction

Implementing access controls can minimize exposure to AI scraping tools. Use robots.txt files to block crawlers and consider hosting your premium content on gated platforms or behind paywalls. By restricting access, you can maintain greater control over how your IP is used.

Monitor for Unauthorized Use

Stay proactive by using tools like Google Alerts or specialized third party monitoring services to track unauthorized use of your IP. Early detection is essential to effectively address and mitigate IP violations.

If your IP is misused or scraped by AI without your consent, legal remedies are available. Partnering with an experienced attorney ensures a strategic approach to enforcement, from

issuing takedown notices, sending cease and desist letters, to pursuing litigation. Swift enforcement actions will send a strong message to potential violators.

The intersection of AI and intellectual property law remains a developing area. Current regulations require human authorship for copyright protection, leaving questions about AI-assisted works unresolved. As lawsuits addressing unauthorized AI training progress, clearer legal precedents will emerge.

For creators, staying informed and building a comprehensive IP strategy is essential. By developing a strong portfolio that includes registered copyrights, trademarks, and enforceable agreements, you can protect your work and position yourself for long-term success in the evolving digital economy.

At Omnus Law, we help creators and businesses protect their intellectual property and thrive in a rapidly changing world. For tailored advice on navigating the challenges of AI and IP, whether copyright, trademark or other types of intellectual property protections, contact us today.