This blog-post was inspired by a case from our recent practice.
In Montenegro, similarly to many other jurisdictions, a copyright is acquired automatically in a mere act of creation of a work. A client’s work, subject to copyright that was subsequently deposited before the IPO of Montenegro, was incorporated in a film generated by AI, without authorization. Namely, a creator of an animated history film used AI to generate its content in full.
The client’s work, a 3D model of historic monastery, came about through a reconstruction study of a distinguished art historian which was translated into 3D presentation by a co-author with an IT technology background. This work is of great value for cultural heritage of the country, it was recognized by professionals and institutions and shown to wide audiences since its conception.
A few days before the film premiere, it has come to our attention that the 3D model has been incorporated into the film, through a trailer that was circulated at a time. After getting in touch with the creator, we learned that he did not check the used resources prior to release of his film, and that he was unaware that the 3D model was subject to copyright. Accordingly, the client’s work was removed from the film and the trailer. Should this have not been the case, the matter could have found epilogue in court, either criminal or civil, as Montenegro provides criminal protection of copyright among other rights of the author, i.e., moral rights and the right to just compensation or remuneration.
The takeaway for copyright owners would be to deposit their work or in another appropriate manner obtain certificate of authorship. Such a certificate creates a rebuttable presumption that an applicant is an owner of a copyright in question. This eases the position of an owner in case of a breach, namely, they may confront any third party with a certificate of authorship, without the need to hire an attorney, and likely resolve the matter out of court.
A word of advice for AI users and creators: Whether your creation is AI generated or AI assisted, it is important to do homework of learning about the resources that the AI used. In other words, after giving prompts to an AI platform, make sure to check if the used materials and sources are subject to copyright, related rights, or other intellectual property when appropriate.