04Nov

Creativity Theft in the Age of Artificial Intelligence: The Regulatory Roadmap for Protecting Digital Works

Introduction

Digital creativity theft is no longer limited to copying a book or reposting an image without its owner’s permission. It has become more complex with the spread of generative artificial intelligence tools, which can produce text, images, designs, audio recordings, and videos within seconds.

A company may invest in producing a complete advertising campaign and pay designers, writers, and photographers to develop exclusive creative content, only to discover that another party has reused or modified these materials, or entered them into artificial intelligence tools to produce similar content without obtaining permission.

Conversely, the same company may use artificial intelligence tools to create its own content without realizing that some of the inputs it provides may contain works protected by third-party rights, or that the terms of the platform being used may affect how the outputs are exploited and the rights of the parties involved.

This raises a range of new legal questions: Who owns content generated by artificial intelligence? Can an image or text created automatically be protected? What happens if artificial intelligence copies distinctive elements from an existing artistic work? And may companies use designers’ images or writings to train systems without their consent?

These questions are not solely about technology. They are directly connected to copyright, economic and moral rights, ownership of digital works, contractual obligations, and the protection of data and confidential information.

In the Kingdom of Saudi Arabia, the Copyright Law provides a legal framework for protecting literary, artistic, and scientific works, including various digital works, software, and audiovisual productions. However, dealing with artificial intelligence requires a careful interpretation of existing rules, distinguishing between human creative work and machine-generated outputs, and examining the nature of human contribution to content production.

Therefore, producing distinctive content is no longer enough for a company. It now needs a regulatory roadmap that defines who owns the content, how it may be used, what evidence establishes its origin, and how infringements can be addressed.

First: What Are Digital Works, and Why Have They Become More Vulnerable to Theft?

Digital works are creative works that are produced, stored, or circulated using electronic and digital means. They may take the form of texts, images, audio recordings, videos, software, designs, or educational and interactive materials.

Describing a work as digital does not mean that it falls outside the scope of legal protection. What matters is the nature of the work and whether it meets the requirements for protection, rather than simply the means through which it was produced or published.

Some of the most notable digital works that may qualify for copyright protection include:

Articles, books, and written content.
Photographs, illustrations, and designs.
Videos and audiovisual works.
Music and audio recordings.
Animations and visual effects.
Software, applications, and source code.
Educational materials and presentations.
Digital artworks.
Maps, diagrams, and illustrations.
Certain databases, in terms of the selection or arrangement of their contents, when the requirements for protection are met.

These works have become more vulnerable to infringement because they can be easily copied, modified, and republished, and circulated across multiple platforms without requiring possession of the original copy.

Someone may download an image from a website, remove the designer’s name, and then use it in a commercial advertisement. A competitor may copy an entire article and rephrase some of its sentences to publish it under their own name. Someone else may repost a video after modifying its audio or adding new elements, without obtaining permission from the rights holder.

With the development of artificial intelligence tools, infringement is no longer limited to direct copying. It has become possible to use a protected work as an input to generate a modified version or new content containing similar elements.

For this reason, companies and creators need to understand the nature of their rights before publishing their works or making them available for digital use.

Second: What Does Saudi Arabia’s Copyright Law Protect in the Digital Environment?

The Copyright Law in the Kingdom of Saudi Arabia regulates the rights associated with literary, artistic, and scientific works. It identifies the works eligible for protection, the rights granted to authors, permitted forms of exploitation, and actions that may constitute infringement.

The importance of the Law lies in the fact that protection is not limited to one type of work. Rather, it covers various forms of creative production.

Examples of works covered by the Law include:

Written materials such as books and booklets.
Lectures, speeches, and poetry.
Dramatic and theatrical works.
Drawings and works of visual art.
Audio and audiovisual works.
Photographic works.
Illustrations, maps, designs, and diagrams.
Computer software.

Accordingly, producing a work using a computer or publishing it online does not deprive it of protection, provided that it meets the applicable requirements.

The Law also distinguishes between the author’s moral rights and economic rights.

Moral rights are connected to the author’s relationship with their work. They include the right to have the work attributed to them and the right to object to modifications that affect the work, in accordance with the applicable legal provisions.

Economic rights, on the other hand, relate to the commercial exploitation of the work, such as reproducing, publishing, distributing, translating, adapting, and communicating it to the public through various means.

This distinction is particularly important in the digital environment. A company may allow another party to use a specific design in an advertising campaign, but this permission does not necessarily mean that all economic or moral rights have been transferred to that party.

Similarly, allowing a work to be published on a social media platform does not mean relinquishing ownership or granting the public the right to use it in commercial advertisements or resell it.

The Law also provides that abstract ideas, procedures, methods of operation, and mere facts are not, in themselves, covered by copyright protection. Rather, protection applies to the creative expression that meets the relevant requirements.

This means that the general idea behind an article or advertisement is not owned by someone simply because they thought of it, while the text, design, or video they created may qualify for legal protection.

Third: Artificial Intelligence and Copyright — Who Owns the Resulting Content?

Determining who owns the rights to outputs generated by artificial intelligence tools is one of the most significant modern legal challenges.

When a user asks an artificial intelligence tool to create an image, write an article, or produce music, the result may be ready for use within seconds. However, the speed of production alone does not settle the question of legal ownership.

To understand this issue, several situations must be distinguished:

1. Content Created by a Human Using Artificial Intelligence as an Assisting Tool

A writer may use an artificial intelligence tool to suggest ideas or organize topics, then write the text themselves, rewrite it, develop its style, and add their own analysis and creative content.

In this case, the actual human contribution to the final expression of the work must be examined, along with the extent to which there is human creative effort that can be attributed to the individual.

Simply using a technological tool does not necessarily mean that the work loses its creative character. Likewise, using artificial intelligence does not automatically make the tool the owner of the rights.

2. Content Generated Almost Entirely by Artificial Intelligence

A user may enter a simple prompt and receive an image, text, or audio clip without making substantial creative modifications.

This raises a more complex issue concerning whether the output can be considered a protected work, to whom the rights may be attributed, and whether there is sufficient human contribution to establish authorship under the relevant legal rules.

It should not be assumed that every machine-generated output automatically enjoys the same protection as a work created through human creative effort.

Nor is it correct to conclude that all outputs generated by artificial intelligence tools are excluded from protection in every case. The matter requires an examination of the nature of human contribution, the relevant facts, and the applicable law.

3. Content Developed by a Human and Then Further Processed by Artificial Intelligence

A designer may create an original preliminary drawing and then use an artificial intelligence tool to improve the lighting, colors, background, or certain details.

In this case, it is necessary to identify the elements created by the human, the modifications made, and the nature of the machine’s contribution, while retaining the versions and stages that demonstrate the production process.

The original human-created elements may be eligible for protection independently, depending on their nature and the applicable legal requirements.

4. Content Produced by a Team Using Artificial Intelligence Tools

A company may work on an advertising campaign involving a writer, designer, photographer, and video editor, while using artificial intelligence tools at certain stages.

Simply stating that the company paid for production is not enough to automatically determine all rights. Instead, the contracts governing relationships with employees, freelancers, and agencies must be reviewed, and ownership of human contributions and the rights to exploit them must be established.

The Saudi Authority for Intellectual Property defines an author as a person who creates a literary, artistic, or scientific work through their own effort. This makes identifying the nature of human contribution an important factor when evaluating works involving artificial intelligence tools.

Fourth: Can Using Artificial Intelligence with a Protected Work Constitute Copyright Infringement?

Artificial intelligence tools may use content submitted by users or content made available through training, processing, or generation processes. This raises different legal possibilities that must not be confused with one another.

Not every use of artificial intelligence constitutes copyright infringement. However, the technology does not automatically exempt its users from respecting the rights of copyright owners.

Some situations that require legal assessment include:

1. Uploading a Protected Book or Image to an Artificial Intelligence Tool Without Permission

If someone uploads a book, a collection of images, or protected creative materials to a digital platform, this may involve reproducing, processing, or making the work available, depending on the nature of the use, the platform’s terms, and the relevant laws.

The fact that a tool is publicly available is not sufficient justification for using any protected content within it.

2. Using a Protected Design to Produce a Similar Version

A user may upload a design owned by another designer and ask the tool to create a similar version or make limited modifications to it.

In this case, it is necessary to examine the extent to which the output retains distinctive expressive elements of the original work, the nature of the use, and whether permission or a legal exception applies.

3. Reproducing Parts of Protected Works in New Outputs

A system may generate text or an image containing identical parts or distinctive elements from a previously protected work.

In this situation, simply describing the output as “AI-generated” is not sufficient to rule out possible infringement. The similarities, source of the content, and nature of the parts used must be examined.

4. Removing the Rights Holder’s Information from the Original Work

A user may remove the designer’s name, watermark, or electronic information identifying the copyright owner, and then republish or use the work.

Depending on the nature of the information removed and the rights affected, this may constitute a violation.

5. Using Protected Content for Commercial Purposes

A company may use a protected image, music, or text in a paid advertisement or marketing campaign without obtaining the required permission.

The fact that the content was entered into an artificial intelligence tool before publication does not change the nature of the issue, because the legality of the final use remains connected to the relevant rights, licenses, and laws.

Fifth: How Can You Protect Your Rights When Using Generative Artificial Intelligence Tools?

The risks of artificial intelligence are not limited to infringing the works of others. The way these tools are used may also weaken a company’s ability to prove its rights or protect its confidential information.

For this reason, organizations need a clear internal policy governing the use of these tools.

1. Identify the Tools Permitted for Use

The company should identify the platforms employees are allowed to use and review their terms, privacy policies, and usage rights.

The review should address questions such as:

Does the platform retain the inputs submitted by users?
Can the inputs be used to improve the service or train models?
Does the platform offer settings that prevent company data from being used for additional purposes?
What rights does the platform grant users over generated outputs?
Do the terms allow commercial use?
Are there restrictions on using certain types of content?

It should not be assumed that all tools grant users the same rights or apply the same conditions.

2. Prohibit the Submission of Protected Materials Without a License

Employees should be prohibited from uploading books, images, recordings, or designs owned by third parties into artificial intelligence tools without first verifying that there is a legal basis permitting such use.

This includes content obtained from the internet, social media platforms, or paid websites.

3. Protect the Company’s Confidential Information

Text prompts written by employees may contain sensitive commercial data, such as marketing plans, customer information, product details, or financial information.

Therefore, the company should define what information may be entered into external tools, use appropriate business environments when necessary, and review data processing and retention terms.

4. Maintain a Record of the Production Process

It is advisable to document the stages through which the content passes, such as:

The original idea.
The first human-created draft.
The prompts used in the tool.
Initial outputs.
Human modifications.
The final version.
The names of those involved in production.
The tools used.

These records help clarify how the work was produced and identify the different contributions if a dispute arises.

5. Review Outputs Before Publication

Companies should not rely directly on automated outputs without examining them, especially when dealing with images, logos, music, and commercial content.

Outputs may contain elements similar to existing works, use materials that the user has no right to exploit, or include inaccurate information.

Sixth: Moral and Economic Rights in Digital Works

An effective strategy for protecting digital content cannot be developed without understanding the difference between moral rights and economic rights.

Moral Rights

Moral rights are connected to the author’s personality and relationship with their work. Some of their most notable forms include:

The Right of Attribution: This allows the author to demand that the work be attributed to them and to object to its improper attribution to another person.

The Right to Object to Modifications: This protects the author against modifications that affect or distort their work in violation of the applicable legal provisions.

Rights Relating to the Withdrawal or Modification of a Work: These are subject to legal requirements and existing contractual rights, and cannot be considered separately from the rights of those who have obtained permission to exploit the work.

These rights are particularly important in the digital environment when a designer’s name is removed from an image, an article is modified in a way that affects its meaning, or an artistic work is used in a context that harms the author’s relationship with it.

Economic Rights

Economic rights relate to the commercial exploitation of a work and include various forms, such as:

Reproduction and copying.
Publication and distribution.
Public display.
Broadcasting and communication to the public.
Translation.
Quotation and adaptation in accordance with applicable requirements.
Commercial exploitation through various means.

This means that obtaining a copy of an image or video does not automatically grant someone the right to resell it, use it in an advertising campaign, or modify and republish it.

Likewise, purchasing a design from an independent designer does not necessarily mean that all rights have been transferred to the company, unless this has been properly established in the agreement.

Seventh: Who Owns Digital Content Produced by Employees, Designers, or Agencies?

Companies frequently face a problem when they hire freelancers or marketing agencies to produce digital content and then assume that paying the agreed fee automatically grants them all rights.

However, ownership of works and the rights to exploit them require reviewing the nature of the relationship, the contract, and the applicable law.

1. Content Produced by an Employee

An employee may produce an article, design, software program, or video as part of their job responsibilities.

The nature of the work, the employment relationship, relevant agreements, and applicable legal provisions must be reviewed to determine the rights holder and the scope of rights belonging to the company.

It should not be assumed that every work produced by an employee at any time automatically transfers to the employer without considering the nature of the relationship and the circumstances.

2. Content Produced by a Marketing Agency

A company may contract with an agency to design an advertising campaign, produce videos, or write digital content.

In this case, it is necessary to determine whether the contract grants the company a license to use the content only, or includes a transfer of economic rights, as well as the scope, duration, geographical coverage, and media covered by the permitted use.

The company should also ensure that the agency owns the necessary rights to the works it delivers, including elements obtained from other designers, photographers, or freelancers.

3. Content Produced by an Independent Designer

When contracting with a designer to create a logo, illustrations, or designs, intellectual property rights should be clearly defined.

The contract should address:

The works to be produced.
The scope of permitted modifications.
The right to publish and use the work commercially.
The right to reproduce and distribute it.
The scope of rights transfer or licensing.
The financial compensation.
The method of delivering original files.
The parties’ rights in pre-existing elements or ready-made materials used by the designer.

4. Content Shared Among Several People

More than one person may participate in producing a video, design, or software program. Their contributions may be separable or inseparable.

In this case, the rights of each participant must be identified, and ownership should not be left open to dispute after the project is completed.

The Copyright Law also addresses joint and collective works and establishes provisions relating to ownership and the exercise of rights, depending on the nature of the participation.

Eighth: What Are the Legal Risks of Using People’s Images and Voices in Artificial Intelligence?

One of the most serious modern uses of artificial intelligence tools is their ability to simulate people’s features or voices, or produce videos that appear realistic despite never having actually occurred.

A person’s image may be used to create a fake video, their voice may be cloned to produce a recording they never made, or their likeness may be included in a commercial advertisement without their consent.

These situations may raise more than one legal issue at the same time and are not necessarily limited to copyright.

The incident may involve:

Copyright, if a protected image or recording is infringed.
Rights associated with a person’s image and voice under relevant legal rules.
Personal data protection, if personal data is processed without a lawful basis.
Liability for misleading content or defamation, depending on the nature of the content.
Trademark rights, if a protected trademark or commercial identity is exploited.

It is important to distinguish between a protected photograph and the personal data of the individual appearing in it. The existence of copyright in the photograph does not eliminate obligations relating to the individual’s data.

Likewise, a company’s possession of an audio file or photograph does not necessarily mean it has the right to use the individual’s identity in every type of advertisement or digital simulation.

Therefore, appropriate permissions and licenses must be obtained, and the purposes for which the image or voice may be used must be defined, including whether modification or processing through artificial intelligence is permitted.

Ninth: Protecting Software and Databases in the Age of Artificial Intelligence

Digital works are not limited to images, articles, and videos. They also include software, applications, and data that represent important assets for technology companies.

An organization may invest significant amounts in developing proprietary software, an organized database, or a customer management system, only to have these assets copied or used without authorization.

Software Protection

Computer programs may qualify for copyright protection under applicable legal provisions.

Potential risks include:

Copying source code without permission.
Illegally redistributing software.
Using protected parts of source code in a competing project.
Removing copyright information from software.
Exploiting software outside the scope of its license.

However, it is necessary to distinguish between protecting the software expression itself and protecting ideas, principles, functions, and methods of operation, which do not enjoy the same protection merely because they appear within the software.

Database Protection

A database may contain information that a company has collected over several years, such as customer, supplier, product, and transaction data.

Several levels of protection must be distinguished:

Copyright: This may cover the method of selecting or arranging data if the requirements for protection are met.

Personal Data: This is subject to personal data protection laws when it includes information relating to identifiable individuals.

Trade Secrets: Certain information may qualify for separate protection if it is not publicly available, has value because of its confidentiality, and the company has taken reasonable measures to protect it.

Contractual Rights: Agreements governing the use of databases or platforms may impose additional restrictions on copying, extraction, or reuse.

Accordingly, a database should not be treated as a single block of rights. Instead, the nature of each element and the legal basis for protecting it must be identified.

Tenth: How Can a Company Prove Ownership of a Digital Work When Infringement Occurs?

A company may own original creative content but face difficulties proving ownership or the date of production when similar content appears on another party’s platform.

This highlights the importance of documentation from the beginning of the production process.

Some of the most important measures that help build a strong evidentiary record include:

1. Retain Original Files

Original copies of images, designs, audio and video recordings, documents, and software files should be preserved. Companies should not rely solely on the final published version.

2. Retain Production Stages

It is advisable to preserve drafts, successive versions, modification records, and editable files that demonstrate how the work developed.

3. Document Production and Publication Dates

Reliable records should be retained to show when the work was created and when it was published, together with relevant correspondence, contracts, and invoices.

4. Identify Contributors

The names of all individuals involved in producing the work should be documented, along with the nature of each person’s contribution and the contracts governing their rights.

5. Use Metadata

Digital files may contain metadata that helps establish the creation or modification date or the source of a file. However, metadata should not be relied upon alone without verifying its integrity and reliability.

6. Use Watermarks and Identification Information

The rights holder’s name, contact information, or copyright notices may be added to published materials to help identify their source.

However, it should be understood that a watermark is a supporting measure, not a substitute for proving ownership or taking legal action.

7. Consider Voluntary Registration of Works

The Saudi Authority for Intellectual Property provides copyright-related services, including voluntary registration of works in accordance with the service requirements.

Documenting a work may be useful as part of a rights management and record-keeping system. However, the legal effect of registration should be understood, and it should not be considered a substitute for proving facts or resolving every ownership dispute.

Eleventh: What Should You Do If Someone Steals Your Digital Content or Uses It Without Permission?

When a company discovers that another party has copied a design, article, video, or software program belonging to it, the incident should be handled systematically rather than relying solely on requesting content removal or engaging in undocumented discussions.

Step One: Identify the Work and the Right That Has Been Infringed

The work involved must be identified, along with its nature, its rights holder, and whether the company owns it or holds a license that allows it to take the necessary action.

Step Two: Document the Infringement

Evidence demonstrating the use in question should be collected, such as:

Links to posts or websites.
Screenshots.
Publication dates.
Copies of the original content.
Account or entity details of the party using the content.
Any correspondence relating to the incident.
Contracts proving ownership of the rights or the relevant license.

It is preferable to document the content before it is deleted or modified so that the company does not lose important evidence.

Step Three: Compare the Original Work with the Content Used

The similarities between the two works must be examined, and it must be determined whether the matter involves direct copying, the use of protected parts, or merely similarity in a general idea.

Not every similarity between two works constitutes infringement, because general ideas, subjects, and abstract methods do not enjoy the same protection as creative expression.

Step Four: Review Licenses and Exceptions

The company must ensure that there is no prior license or permission to use the work, and review the terms of any agreement or platform that may be connected to the content.

It should also consider whether the use falls within a statutory exception, such as lawful quotation subject to its applicable conditions.

Step Five: Select the Appropriate Legal Action

It may be appropriate to issue a demand to stop the use or remove the content, file a complaint with the competent authority, or take available judicial action, depending on the nature of the infringement and the rights affected.

A definitive legal accusation should not be made before examining the evidence and the nature of the use.

Twelfth: How Do You File a Copyright Infringement Complaint in Saudi Arabia?

The Saudi Authority for Intellectual Property provides a service for receiving copyright infringement complaints and reviewing violations related to the application of the Law.

The Authority explains that the service receives applications from individuals and organizations through digital channels. The process includes collecting data, analyzing it, reviewing documents, and referring the case to the competent committee for consideration.

The published steps for the service include:

Visit the Authority’s website and select the Intellectual Property Respect section.
Access the Intellectual Property Respect portal.
Proceed to the service platform through the National Single Sign-On or email, as available.
Select Complaint Management and then Submit a Complaint.
Specify the type of complaint.
Complete the required information and details.
Attach the documents and evidence relating to the infringement.
Submit the application for technical and legal review.
Refer the case to the competent committee for consideration and a decision.

The Authority explains that implementation details depend on the application, and that the service is intended for individuals and organizations. It also publishes the steps for reviewing violations and the related procedures.

It is important for the complaint to include a clear account of the facts, identify the work, establish the applicant’s legal capacity, explain the nature of the infringement, and attach documents supporting the claim.

Simply submitting a link to the infringing content may not be sufficient in cases that require proof of ownership, licensing, or the nature of the use.

Thirteenth: What Penalties May Result from Copyright Infringement?

The Saudi Copyright Law includes provisions addressing violations and the penalties that may result from them.

Depending on the circumstances, actions identified by the Law as infringement include:

Publishing a work that does not belong to the publisher without obtaining the required permission.
Modifying the contents, nature, subject, or title of a work without the required approval.
Reprinting a work without the rights holder’s consent.
Removing written or electronic information that may result in the loss of the rights of copyright owners.
Removing or bypassing electronic protection information designed to ensure the use of original copies.
Unlawful commercial use of intellectual works.
Copying parts of works without the necessary permissions outside the scope of lawful copying.
Importing forged, counterfeit, or copied works.
Infringing protected rights or violating the provisions of the Law.

The penalties provided for under the Law include a warning, a financial fine not exceeding SAR 250,000, closure of the infringing establishment or one contributing to the infringement for a period not exceeding two months, confiscation of infringing copies and materials used in the infringement, and imprisonment for a period not exceeding six months, subject to the conditions governing the application of each penalty and the relevant legal procedures.

The Law also permits the maximum limits of certain penalties to be doubled in cases of repeated violations. It provides for compensation to the affected rights holder when the relevant conditions are met, in addition to temporary measures to protect rights in the cases specified by the Law.

It should be emphasized that penalties are not imposed automatically upon the filing of a complaint. They depend on an assessment of the incident, the evidence, jurisdiction, and the applicable procedures.

Fourteenth: How Can Companies Establish an Internal Policy to Protect Content Produced Using Artificial Intelligence?

It has become essential for companies to adopt a clear policy governing the use of artificial intelligence in content production, particularly organizations that rely on digital marketing, design, programming, or video production.

This policy can be developed through the following areas:

1. Define Responsibilities

The company should identify the individuals permitted to use artificial intelligence tools, the tasks for which these tools may be used, and the department responsible for reviewing content before publication.

2. Classify Content According to Its Importance

A distinction should be made between public content, internal content, confidential content, and materials containing personal data or rights owned by third parties.

3. Establish Rules for Data Submission

Instructions should be introduced to prevent confidential or personal data, or protected materials, from being entered into external tools without verifying that there is a lawful basis and appropriate policies in place.

4. Review Platform Terms

The terms of use, licenses, and privacy policies of each tool should be reviewed, particularly when outputs are used for commercial or advertising purposes.

5. Document Human Contributions

Records should be retained to show the role of employees, designers, and writers in developing the content, and whether the tool was used to produce or modify any part of it.

6. Review Content Before Publication

Texts, images, and videos should be examined to ensure that they do not contain protected elements belonging to third parties or data that has not been authorized for publication.

7. Regulate Relationships with Contractors

Contracts with agencies and freelancers should include clear provisions concerning the use of artificial intelligence, intellectual property rights, and responsibility for ensuring the lawful use of materials.

8. Establish a Complaint-Handling Mechanism

The company should have a clear process for receiving reports of infringement against its content, identifying who is responsible for investigating them, preserving evidence, and taking appropriate legal action.

Fifteenth: The Role of Legal Counsel in Developing a Protection Roadmap for Digital Works

Protecting digital works now requires combining legal knowledge with an understanding of digital production and the technological tools being used.

The role of legal counsel is not limited to handling complaints after an infringement occurs. Legal counsel can also help build a preventive framework that defines rights and responsibilities from the beginning of the content production process.

Their responsibilities include:

Reviewing Intellectual Property Rights: Identifying the works owned by the company, the nature of the rights associated with them, and whether any licenses or restrictions apply to their use.

Drafting Content Production Contracts: Preparing and reviewing agreements with designers, writers, photographers, and agencies, and regulating the transfer or licensing of rights.

Developing an Artificial Intelligence Use Policy: Establishing controls for using generative tools, regulating the submission of information and protected materials, and defining employee responsibilities.

Reviewing Digital Platform Terms: Examining terms of use and licenses relating to outputs, inputs, and data.

Documenting Works: Providing advice on appropriate methods for documenting works and preserving evidence of ownership and production.

Handling Infringements: Assessing incidents, collecting evidence, and selecting the appropriate legal route for filing complaints or claims.

Reviewing Synthetic Content Risks: Examining cases involving the use of people’s images, voices, or creative works in artificial intelligence outputs.

The World Intellectual Property Organization emphasizes the importance of assessing intellectual property risks when adopting generative artificial intelligence within organizations. It also provides guidance and a checklist to help companies identify risks and appropriate safeguards.

Sixteenth: A Checklist for Protecting Digital Works in the Age of Artificial Intelligence

Before producing, publishing, or commercially using any digital content, a company can review the following points:

Has the rights holder of the work been identified?
Are there clear contracts with designers, writers, and photographers?
Have the economic rights owned by the company been defined?
Does the content include materials, images, or recordings owned by third parties?
Have the necessary licenses been obtained for their use?
Have the stages of the work’s production been documented?
Have the original files and previous versions been preserved?
Have the artificial intelligence tools permitted for use been identified?
Have the terms of use and privacy policies of these tools been reviewed?
Are there controls preventing confidential information from being entered without authorization?
Are outputs reviewed before commercial use?
Is there a clear mechanism for reporting infringements?
Has the person responsible for monitoring intellectual property rights within the organization been identified?

Having clear answers to these questions helps companies reduce risks associated with content production and circulation, making rights protection part of their daily operations rather than a delayed measure taken only after a dispute arises.

Conclusion: Digital Creativity Needs Protection That Keeps Pace with Technological Progress

Artificial intelligence has transformed how content is produced, developed, and circulated. Individuals and companies can now create a wide range of digital works in less time and at a lower cost.

However, ease of production does not mean that rights disappear, and the rapid circulation of content does not give others the right to copy, use, or commercially exploit it without a legal basis.

The real problem is that some organizations adopt artificial intelligence tools before defining their legal responsibilities. As a result, they may produce content without knowing precisely who owns its rights, use protected materials without a license, or disclose confidential information to external platforms without reviewing their terms.

Therefore, companies must treat digital works as intellectual assets that require management, documentation, and protection. They must also establish clear policies governing the relationship between human creativity and intelligent tools.

Protection does not begin when a competitor steals your design or republishes your article. It begins when you establish ownership of the work, document its production stages, regulate the rights of those involved, review the terms of the tools you use, and understand the procedures available to you when infringement occurs.

In the age of artificial intelligence, protecting creativity is no longer merely a legal option. It has become essential to safeguarding the value of digital content, corporate investments, and creators’ rights.

Suleiman Al-Omari Intellectual Property Office

Suleiman Al-Omari Intellectual Property Office provides specialized legal services, including the protection of copyright, digital works, software, and creative content; reviewing content production contracts and rights transfer and licensing agreements; providing consultations relating to the use of artificial intelligence in creative works; and following up on intellectual property infringement cases and taking appropriate legal action.

📞 Contact Suleiman Al-Omari Intellectual Property Office:

+966537778130

💬 WhatsApp

Legal Disclaimer: This article is intended for informational purposes and provides general information about the protection of digital works and copyright in the Kingdom of Saudi Arabia. It does not constitute a substitute for specialized legal advice. Applicable rules and procedures vary depending on the nature and source of the work, the nature of human contribution, the relevant rights and licenses, the facts of the case, and the applicable laws.