This Week in Startups Who Owns the Output? AI Copyright & IP Explained w/ Chris Paniewski | Startup Legal Basics
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Sep 18, 2025 Chris Paniewski, a Partner at Wilson Sonsini and expert in AI-related intellectual property law, joins the discussion to unravel the complexities of AI output ownership. He explains the critical role of human authorship in copyright and how detailed prompts can impact protectability. From the Star Wars franchise to the 'monkey selfie' case, real-world examples shed light on legal nuances. Founders learn to balance speed and IP protection, layer creativity over AI-generated content, and navigate fair use risks.
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Old IP Still Controls New AI Uses
- New technologies like LLMs don't automatically grant rights to use existing IP such as Star Wars.
- Copyright owners retain opportunities from new formats and can restrict AI use of their characters.
Human Authorship Is Central
- Copyright requires human authorship: the creative spark must originate with a person.
- If AI supplies the creative selection and detail, the output may not be copyrightable.
Use Detailed Prompts And Document Inputs
- Provide detailed, specific prompts to retain human creative control and increase protectability.
- Treat the model like a tool and document the human inputs that shaped the output.