Legal AEP Intellectual Property Protection

Who Owns Your Empire? The Legal Gray Zone of AI

By Mahfod December 24, 2024 7 min read

Who Owns Your Empire? The Legal Gray Zone of AI (And How to Protect Yourself)

This is the gray zone of Digital.

If AI creates your content, is it really yours?

Can you protect it? Sell it? Defend it in court?

The law is evolving, but for now, content generated solely by AI is often considered as belonging to the “public domain” — with no automatic copyright.

This is a major problem if you’re building an empire you want to protect and potentially sell.

Here’s how Architects protect themselves.

The Current State of Law (2024)

The General Principle

In most Western jurisdictions, copyright protects original works created by humans.

The key word is “human”.

The US Copyright Office has clearly ruled:

“Copyright protects only the original creative work of a human author.”

Consequence: Text generated 100% by AI, without significant human intervention, is not protectable.

The European Position (Less Clear)

The EU has not yet ruled as clearly.

But the copyright directive requires “an author’s own intellectual creation”, which generally implies a human author.

The US/UK Position

In the US and UK, intellectual property codes don’t explicitly define who can be an “author”.

But case law and doctrine favor the requirement of an original human contribution.

Why This Is a Problem for Architects

Problem 1: No Protection Against Copying

If your content is not protected by copyright:

  • Anyone can legally copy it
  • You can’t sue copiers
  • Your “asset” can be pillaged

Problem 2: Reduced Valuation at Sale

When you sell an AES, the buyer wants to know they’re buying something protected.

If the content is in the public domain:

  • Valuation drops
  • Buyer hesitates
  • Sale becomes difficult

Problem 3: Risk of Challenge

Even if you use the content peacefully, a third party could someday:

  • Challenge your rights to the content
  • Reuse your work
  • Create market confusion

The “Proprietary Hybridization” Strategy

For your AES to be a legally protected and sellable asset, it must belong to you indisputably.

The Architect uses the Proprietary Hybridization technique.

The Principle

As soon as there is significant human intervention, copyright applies.

The work becomes a human-machine collaboration, where the human brings the protectable creative part.

The Formula

AI Base: 70-80% of raw work Human Touch (Architect): 20-30% of editing, structure, “Personal Salt”

The result is a hybrid work that benefits from copyright protection.

Intervention 1: Creative Direction

You don’t just ask “write an article about X”.

You specify:

  • The exact angle
  • The precise tone
  • The detailed structure
  • The examples to use
  • The metaphors to employ

This creative direction is your original contribution.

Proof: Keep your detailed prompts and briefs.

Intervention 2: Substantial Editing

You don’t publish the AI’s raw text.

You:

  • Rewrite certain passages
  • Add transitions
  • Correct the style
  • Personalize the vocabulary
  • Delete and reorganize

This editing transforms the raw text into a personal work.

Proof: Keep before/after versions of your modifications.

Intervention 3: Adding Original Content

You enrich the AI text with:

  • Your own experiences
  • Your personal case studies
  • Your original quotes
  • Your proprietary data
  • Your unique analyses

This original content is indisputably yours.

Proof: Clearly document which parts are from you.

Intervention 4: Curation and Selection

AI generates 10 versions. You select the best one. You combine elements from several versions.

This curation work is a human creative act.

Proof: Keep all generated versions and document your selection process.

Intervention 5: Structural Integration

You integrate content into a larger whole:

  • Site structure
  • User journey
  • Navigation system
  • Information architecture

This global architecture is your creation.

Proof: Document the structure and logic of your system.

Configuring Your AEP for Protection

Your AEP must be configured to force human intervention at key points.

AI generates draft
    ↓
[HUMAN CHECKPOINT #1]
Structure and angle validation
    ↓
AI develops content
    ↓
[HUMAN CHECKPOINT #2]
Editing, personalization, original additions
    ↓
AI finalizes formatting
    ↓
[HUMAN CHECKPOINT #3]
Final approval and signature
    ↓
Publication

Traces to Keep

At each checkpoint, your AEP should log:

  • Date and time
  • Your user ID
  • Modifications made
  • Time spent
  • Hash of content before/after

These traces constitute your proof of human contribution.

Beyond the content itself, document your entire system.

The Creation Registry

Maintain a document that lists:

  • Each piece of content created
  • Creation date
  • Process used
  • Your specific contribution
  • Associated proofs

The Creation Policy

Write an internal document that describes:

  • Your creation methodology
  • AI’s role vs your role
  • Human intervention standards
  • Quality control checkpoints

This document shows you have a systematic approach to hybridization.

Terms of Use

On your site, clear Terms that:

  • Claim your ownership of content
  • Prohibit reproduction without authorization
  • Mention that content comes from a hybrid human-AI process

Protection Through Other Means

Copyright isn’t the only available protection.

Trademark

Your brand name, logo, slogans can be registered as trademarks.

These elements are protected independently of content.

A competitor can copy your content, but not your brand.

Trade Secret

Your prompts, workflows, AEP configurations can be protected as trade secrets.

Conditions:

  • Keep the secret (NDA with providers)
  • Protection measures (restricted access)
  • Commercial value of the secret

Unfair Competition

Even without copyright, massively copying a competitor can constitute unfair competition.

You can act on this basis if:

  • The copying creates confusion
  • The copying causes damage
  • The behavior is manifestly unfair

Technological Advantage

The best protection remains staying ahead.

While competitors copy yesterday’s content, you’re already on tomorrow’s.

Your AEP gives you a speed that manual copiers cannot match.

The Case of Selling the AES

When you sell your AES, the buyer will want guarantees.

What the Buyer Wants to Know

  1. Is the content protected? Answer: Yes, via the documented hybridization strategy.

  2. Can it be legally copied? Answer: No, significant human intervention creates copyright.

  3. Is there proof? Answer: Yes, creation registries, workflow logs, documented versions.

  4. Are there risks? Answer: Limited risks, solid documentation, multiple protections.

Due Diligence

Prepare a due diligence file that includes:

  • Your creation policy
  • Your content registries
  • Your intervention proofs
  • Your trademark registrations
  • Your Terms of Use

A clean file increases the valuation of your AES.

Foreseeable Evolution of the Law

The law will evolve. Here are the likely trends.

Scenario 1: Clarification in Favor of AI Users

The law could recognize that the user who directs AI (via complex prompts) is the author.

Impact: Your assets would be more easily protectable.

Scenario 2: Creation of a Specific Right

A new type of protection could emerge for hybrid human-AI works.

Impact: A clear framework, probably with conditions to meet.

Scenario 3: Restrictive Status Quo

Courts could maintain strict interpretation: no human = no copyright.

Impact: Hybridization remains the mandatory strategy.

What You Should Do Now

Whatever the evolution:

  • Document everything
  • Maintain significant human intervention
  • Keep proofs
  • Diversify your protections

You’ll be ready for all scenarios.

Conclusion

The legal gray zone around AI is real.

But it shouldn’t paralyze you.

The Proprietary Hybridization strategy protects you:

  1. AI Base (70-80%): Power and speed
  2. Human contribution (20-30%): Legal protection

Your AEP must be configured to force this human intervention at key points.

Every piece of content that comes out must bear your imprint.

Document everything. Keep proofs. Diversify protections.

Your empire belongs to you — as long as you can prove you built it.

Hybridization is not a constraint. It’s insurance.