Publishing AI-Generated Video – What Does Polish Law Say?
Artificial intelligence (AI) is playing an increasingly key role in creating multimedia content, including video. Although this technology offers enormous possibilities, Poland still lacks clear regulations that would directly govern the creation and publication of AI-generated content. Nevertheless, existing legal provisions, such as copyright law, personal data protection, and image protection, also apply to videos created by artificial intelligence. In this article, we present the most important legal aspects related to the publication of AI video in Poland.
1. Copyright law
In Poland, copyright law protects original works of an individual character. In the context of AI-generated content, the question arises whether it can be considered original works and who holds the copyright to them. Currently, Polish law does not provide specific regulations concerning AI, so the authorship status of such content is unclear.
Who owns the copyright
The owner of copyright to an AI-generated work may be:
- The creator of the AI algorithm,
- The person who launched it (system operator),
- In certain cases, the owner of the software.
Another important issue is checking whether AI-generated content does not infringe the copyright of others. If the AI algorithm uses protected elements, e.g., fragments of existing works, publishing such a video without appropriate permissions may lead to copyright infringement.
2. Image protection
A person's image, even if generated by artificial intelligence, is protected by Polish law. To disseminate the image of a specific person, their consent is usually necessary. There are exceptions, e.g., in the case of public figures, but even then caution should be exercised.
In the context of AI-generated video, particular risk is associated with deepfake technology, which makes it possible to create realistic videos depicting people in situations that never happened. Publishing such a video without the person's consent may violate their rights to image protection and lead to legal liability.
3. Personal data protection (GDPR)
Video containing personal data, such as images of people, is subject to the provisions of the GDPR (General Data Protection Regulation). Before publishing such material, it must be ensured that the people appearing in the video have consented to the processing and publication of their data. Violation of these provisions may result in high financial penalties.
Even if personal data is processed by AI, the same rules apply as in the case of other forms of data processing. Transparency and respect for the privacy of the people whose data is used are key here.
4. False information and fraud
AI technology makes it possible to create content that can mislead audiences, especially in the context of deepfakes. Publishing video that deliberately presents false information or attributes actions to people that they did not commit may lead to violations of civil and criminal law.
In Poland, publishing false information that may harm the reputation or personal interests of others may entail legal liability, including defamation lawsuits.
5. Civil and criminal law
Creating and publishing AI-generated content may also lead to violations of other provisions, such as:
- Infringement of personal rights, when the video harms someone's reputation, good name, or privacy.
- Defamation, when the content is false and harms a third party.
- Unfair competition, if AI content is used for commercial purposes in a manner that is unfair to competitors.
Regulations in the future
The future of AI regulation in Poland
Due to the rapid development of AI technology and its increasingly widespread use, more detailed legal regulations concerning both the creation and publication of AI-generated content can be expected in the future. At the European level, work is already underway on provisions concerning liability for artificial intelligence, which may influence national regulations.
Publishing AI-generated video in Poland is subject to various aspects of law, including copyright law, image protection, personal data protection provisions, and civil and criminal law. The key issue is responsibility for content that may infringe the rights of others. In the future, we can expect new regulations that will more precisely define the rules related to the creation and distribution of such content.
Will artificial intelligence in content creation become a revolution or a challenge? This question certainly remains open, but it is important that both creators and users of AI content are aware of the existing legal provisions.
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