WEM GEHÖREN KI-GENERIERTE INHALTE, DIE AUF MIR BASIEREN?
The question of who owns AI-generated content based on you requires a differentiated legal assessment and largely depends on contractual agreements as well as the applicable protection rights.
First, it should be noted that under current law, purely AI-generated content often does not qualify for traditional copyright protection, as it may lack the required level of human authorship. As a result, the legal attribution of such content can be unclear and is increasingly subject to legal debate.
However, regardless of copyright considerations, your personal rights – particularly your right to your own image, as well as potential name and trademark rights – remain fully protected. This means that any use of AI-generated content that is identifiable as being based on your appearance or identity generally requires your prior consent.
In practice, the economic usage rights to such content are typically governed by contract. These agreements define who may use the content, to what extent (geographically, temporally, and in terms of scope), whether exclusivity applies, and whether sublicensing or modification—including through AI—is permitted.
Particular importance is also placed on provisions regarding data processing and usage, such as whether and to what extent image material may be used to train AI systems. Clauses addressing buyouts, compensation, reuse, and potential future forms of exploitation should also be clearly defined.
Against this background, it is essential to carefully review all relevant agreements and to explicitly regulate AI-related usage rights in order to prevent unintended or excessive commercial exploitation of one’s likeness.
