The rapid growth of artificial intelligence (AI) has created complex legal questions around data ownership. Businesses are increasingly relying on AI tools to analyse information, generate content, design products and support decision-making. But who owns the data that is fed into an AI system and who owns the outputs it creates?

Our solicitors provide clear, practical advice on data ownership in the context of AI. We help clients understand their rights and obligations, minimise risks and put in place agreements that secure control over valuable data and AI-generated material.

Input Data

AI systems are trained on, and operate using, large volumes of data. A key challenge is that data itself may not attract intellectual property protection – raw facts and information are generally not “owned” in law. This means that control over data is often achieved instead through contracts and contractual licensing agreements.

Key issues include:

• Ownership – identifying whether the client, a third party or the AI supplier owns the input data.
• Licensing – determining whether the client has sufficient rights to use the data for AI training or processing.
• Restrictions – managing confidentiality, trade secrets and compliance with data protection laws where personal data is involved.

AI Outputs

AI tools generate outputs such as reports, designs, software code, text or images.

Questions arise as to:

• Who owns the output – the client, the AI provider, or no one at all under current intellectual property law. As outputs may not always benefit from intellectual property protection, certainty of use and exploitation is most effectively achieved by way of contractual licensing arrangements.
• Intellectual property rights – whether outputs qualify for copyright, database right or other protections.
• Commercial use – ensuring clients have the right to use, adapt and commercialise outputs without risk of infringement.

Contracts and Risk Management

To give businesses certainty, we advise on and draft agreements that cover:

• Ownership of input data and AI outputs.
• Licensing arrangements with AI providers.
• Liability for infringement of third-party rights.
• Confidentiality and data protection compliance.

Why AI Data Ownership Advice Matters

Unclear data ownership can expose businesses to disputes, regulatory breaches and lost commercial opportunities. By addressing ownership and usage rights from the outset, businesses can confidently exploit the benefits of AI while protecting their data and outputs.

For any questions you may have, our data protection solicitors Neil Williamson and Colin Lambertus can help you.