Who owns AI-generated content? What the law actually says in 2026

Published: June 2026 · By Wen López

The short answer: content generated autonomously by an AI has no copyright. Not in the United States, not in Mexico. If an agency promises you "exclusive rights" over pieces that are 100% AI-generated, they are promising something the law does not let them guarantee. The only thing that is protectable is the human layer: the script, the curation, the editing, the final cut. In this article we cover what the law says, what the tools' fine print says, and what you should demand in your contract.

What the United States settled

In January 2025, the US Copyright Office published its report on AI and copyright. The doctrine is now clear: output generated 100% by AI is not protectable. Writing a prompt does not constitute authorship. Even choosing among several outputs does not count as a creative act.

What is protectable is the human contribution: selection, arrangement, editing and creative modification of the generated material. It is the same logic as the Zarya of the Dawn case in 2023: the Midjourney images received no protection, but the comic's text and arrangement did.

What Mexico settled (and almost nobody has told you)

Mexico went further. On August 27, 2025, the Supreme Court of Justice unanimously resolved Amparo Directo 6/2025, the case of a virtual avatar generated with Leonardo AI. The conclusion: works generated autonomously by an AI cannot be registered with INDAUTOR. Under Mexico's Federal Copyright Law, authorship belongs exclusively to human beings.

If your brand operates in Mexico, this applies to you directly: that piece you were handed "with full rights" may carry no enforceable right at all if someone copies it.

You cannot assign a right that does not exist. You can commit to your conduct: who you deliver to, what you never reuse, which creative layer you sign.

What the tools say in their fine print

We reviewed the terms of the most used generative platforms. The pattern repeats: the commercial user receives everything the platform has, not a guaranteed copyright.

• Higgsfield claims no ownership over outputs and allows commercial use on paid plans. But it reserves a broad license to train its models on your outputs. On the free plan, it can also use them to promote the platform.
• Runway grants ownership and commercial use on paid plans. On the free plan, personal use only. It trains on your inputs and outputs except on Enterprise.
• OpenAI assigns you "all right, title and interest" in the output. It assigns whatever it has, without guaranteeing a copyright exists behind it.
• Anthropic assigns its rights in outputs "if any". That "if any" is the most honest phrase in the entire industry.

And one detail almost nobody checks: no platform guarantees uniqueness. The same model can generate something very similar for another user tomorrow.

What this means if you buy AI content

Three concrete risks when an agency promises "exclusive rights" over AI-generated pieces:

1. An empty promise against third parties. Exclusivity implies the power to exclude others. With 100% AI pieces there is no title to enforce: if someone copies the piece, there is no copyright action to bring.
2. Breach of contract from day one. If the contract guarantees full IP transfer but the tool only grants licenses or uncertain rights, the agency is in breach from the first deliverable.
3. Exclusivity broken by the tool itself. If the agency works on free plans, the platform's terms allow reusing your outputs for training or promotion. Your "exclusive" piece no longer is.

What to demand in your contract (the honest version)

What a serious provider can actually promise you, because it depends on their conduct and not on a law that does not yet exist:

• Assignment of all rights that exist or may come to exist over the deliverables. Honest: it assigns whatever there is, even if copyright is partial.
• Unlimited, perpetual commercial use. Any channel, any country, forever. This is controllable.
• No reuse. Your assets, avatars and material are never used with other clients or in their portfolio without permission. Verifiable.
• Documented human direction. Script, curation, editing and final cut are the layer that does generate legal protection. Ask who signs that layer.
• Tools on paid plans. It is the difference between a clean commercial license and an exclusivity broken by the terms of service.

The law just turned human direction into the only defensible asset of AI content. Directing is no longer just judgment: it is title.

This is how we wrote our own FAQ and how we deliver the studio's production: we assign you all rights that exist, with unlimited commercial use, and we never reuse your assets. Every piece carries real human direction, because that creative layer is the one that is protectable, and it is the one we hand over.

And if you wonder where your next client will find you: How to show up in ChatGPT: the real data.

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Frequently asked questions

Does AI-generated content have copyright?

No, if it was generated autonomously. In the United States, the US Copyright Office confirmed it in its January 2025 report. In Mexico, the Supreme Court ruled it in Amparo Directo 6/2025: authorship belongs exclusively to human beings. What is protectable is the human contribution: selection, editing, arrangement and creative direction.

Can I register a work made with AI?

Not if the AI generated it autonomously. You can protect the work to the extent there is demonstrable human creative input: script, curation, editing, final cut. That is why documenting who directed each piece matters.

What if my agency promised me "exclusive rights" over AI content?

Check the contract. If the piece is 100% AI-generated, those exclusive rights may not legally exist, making the promise impossible to keep. Ask instead for: assignment of all rights that exist, unlimited commercial use, no reuse of your assets and documented human direction.

Can AI tools use my content?

It depends on the plan. Most platforms (Higgsfield, Runway and others) reserve licenses to train their models on your outputs, and free plans usually carry broader terms. Demand that your provider works on paid commercial plans.

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Sources: US Copyright Office, Copyright and AI Part 2 · SCJN, Amparo Directo 6/2025 · Higgsfield, Terms of Use · Runway, Usage rights · OpenAI, Terms of Use · Anthropic, expanded legal protections

This article is general information, not legal advice. For your specific case, consult an intellectual property lawyer.