The use of AI upscalers is relatively new, rising alongside the broader adoption of AI technology. While the majority recognize the benefits of these tools, yet we hear a lot of concerns regarding copyright protection and data privacy. We have some useful tips for video professionals regarding the most common copyright concerns when using AI video enhancers.
Understanding copyright law
When we face technological disruption, usually there are a lot of concerns about the negative side of its adoption. The same goes with AI upscalers and its perception by the law.
With every technological disruption, there are concerns about its implications, and AI technology is no exception. The U.S. Copyright Office has clarified its stance: only works created by humans are eligible for copyright protection. This means that purely AI-generated content cannot be copyrighted. However, if a creator incorporates significant human input into AI-generated content, those human contributions can be protected under copyright law.
The growing concerns become louder day by day as influential industry professionals become more vocal about it. In the context of AI upscaling, this means the process itself does not alter the original content. AI upscalers use interpolation techniques to enhance low-resolution footage by adding missing pixels based on the original source, without changing the core content.
Copyright concerns implemented by the key players
Leading tech companies have already implemented measures to address copyright concerns related to AI-generated content:
- Google - requires attribution for AI-generated content and restricts downloading high-resolution images
- Microsoft - mandates that users cite the original sources introducing responsibility when using AI
- OpenAI - requires acknowledgment of source materials in AI outputs to safeguard AI-generated content
Due to their impact on large audiences, these proactive steps help promote ethical and lawful usage of AI technologies and AI upsclaers per se.
Check licensing terms
Before using any AI upscaler review the licensing terms carefully. Many video upscalers, whether SaaS platforms or combined hardware/software solutions, have specific terms regarding the ownership of the output content. These terms are often prominently displayed on their websites, reflecting the growing attention to copyright issues.
Our tip: Always read the Terms of Service, particularly sections on intellectual property rights. If the terms are unclear, reach out to the service provider for clarification.
Secure your source files
Your original footage remains your intellectual property, even after you finish using AI upscalers. Current legal interpretations confirm that AI upscalers don't infringe on the original content's intellectual rights. However, you must be particularly careful when it comes if the service providers haven’t been clear about using upload data for future training of their AI models.
Our tip: Choose reputable service providers that offer strong data security and state clearly whether they delete user data after processing. Ask within your professional network for recommendations on trusted AI video enhancement providers.
Use watermarks for protection
While it might seem redundant, watermarking your footage is a widely used practice among video professionals. The watermark doesn’t need to be prominently visible. Many professionals use subtle markers, known only to them, that don’t interfere with the quality but serve as a proof of ownership if needed. This practice has been prevalent in the advertising industry long before the rise of AI technology.
Our tip: Always keep a version of your footage with the watermark intact as evidence of ownership.
Establish contractual ownership when outsourcing
When outsourcing AI upscaler services, ensure the contract specifies that you retain exclusive rights to both the original and enhanced content. This helps avoid misunderstandings about ownership.
Our tip: Consider adding clauses to the contract explicitly stating that the service provider does not claim any ownership rights over your content. If needed, use legal templates designed for creative professionals to safeguard your intellectual property.
Conclusion
AI upscalers do not change the original content, so concerns about copyright infringement are minimal. Rather knowing that technology is still being perceived as brand new and relatively unknown to video professionals, it is fair to ask service providers for a clear statement on copyright protection and data privacy. When choosing an AI upscaler, prioritize solutions that emphasize privacy and user protection.
