23/09/2026
Really good information!
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What does the law say about who owns content written by AI?
It’s not as simple as saying, “I typed the prompt, so it belongs to me.”
Under South Africa’s Copyright Act, a computer-generated work can have an identifiable human “author” — the person who undertook the arrangements necessary for creating the work.
But AI creates a grey area.
If you use AI as a tool and contribute meaningful human creativity — such as developing the ideas, directing the output, editing, restructuring and refining the final work — there may be a stronger basis for claiming copyright in the resulting work.
However, where content is produced almost entirely by AI with little meaningful human creative input, whether copyright protection exists, and who would own it, is less certain. South African courts have not yet provided a definitive answer specifically on generative AI authorship.
There’s another important consideration: using AI doesn’t automatically make the content safe from copyright infringement. AI-generated material could potentially reproduce or closely resemble existing protected works.
The takeaway
AI can be a powerful creative tool, but don’t assume that everything it produces automatically belongs to you.
If the content is commercially important, keep records of your prompts, edits and creative contributions — and check the terms of the AI platform you’re using.
Disclaimer: This post is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please contact us at [email protected].
