Who owns AI-generated architectural design? Legal perspectives from the US, UK, and EU
- Christiane Voigtländer
- May 28
- 3 min read
As artificial intelligence (AI) continues to permeate various sectors, its influence on architecture is becoming increasingly significant. AI tools are now capable of generating complex architectural designs, challenging traditional notions of authorship, ownership, and intellectual property. This evolution raises critical legal questions: Who holds the rights to AI-generated designs? How do existing copyright laws apply? And what regulatory frameworks are emerging to address these issues?
Authorship and Copyright: A Global Perspective
In the United States, the U.S. Copyright Office maintains that works created without human authorship are not eligible for copyright protection. This stance implies that purely AI-generated architectural designs lack legal protection unless a human has made a significant creative contribution .
Conversely, the United Kingdom has adopted a more inclusive approach. Under the Copyright, Designs and Patents Act 1988, the UK recognizes computer-generated works, granting copyright to the person who undertakes the necessary arrangements for the creation of the work. This provision extends to AI-generated content, offering a degree of protection absent in U.S. law .
Italy is also addressing this legal gray area. A 2024 draft law proposes amendments to the Italian Copyright Law, stipulating that AI-assisted works are protected only if a human’s creative and significant contribution is demonstrable. This approach aims to balance innovation with the protection of human creativity .
Training Data and Transparency
Another contentious issue is the use of copyrighted materials to train AI models. In the European Union, the Directive 2019/790/EU on copyright in the Digital Single Market permits data mining for scientific research and, under certain conditions, for other purposes, provided the data is accessed lawfully and the rights holders have not opted out .
In the United Kingdom, recent legislative efforts have sought to increase transparency. An amendment to the Data Bill, introduced by Baroness Kidron, would require AI companies to disclose the copyrighted materials used in training their models. This move aims to protect creators’ rights and ensure fair compensation .
Regulatory Developments
Globally, regulatory bodies are grappling with the rapid advancement of AI. The European Union’s proposed Artificial Intelligence Act categorizes AI systems based on risk and includes provisions for transparency and accountability. This framework seeks to ensure that AI applications, including those in architecture, adhere to ethical and legal standards .
In the United States, the Generative AI Copyright Disclosure Act, introduced in 2024, would mandate companies to disclose the copyrighted works used in training generative AI systems. Although not yet enacted, this bill reflects growing concern over the intersection of AI and intellectual property rights .
Implications for Architects and Designers
For professionals in architecture and design, these developments underscore the importance of understanding the legal landscape surrounding AI-generated content. As AI tools become integral to the creative process, questions of authorship, ownership, and liability become more complex. Architects must navigate these challenges, ensuring that their use of AI aligns with evolving legal standards and ethical considerations.
Important Note: This article is intended for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified attorney.
Sources:
RAND Corporation: https://www.rand.org/pubs/perspectives/PEA3243-1.html
American Bar Association – AI and Copyright Law: https://www.americanbar.org/groups/international_law/resources/international-law-news/2024-spring/artificial-intelligence-and-copyright-law/
Kluwer Copyright Blog – Italian AI Law Proposal: https://copyrightblog.kluweriplaw.com/2024/05/28/artificial-intelligence-and-copyright-the-italian-ai-law-proposal/
EU Intellectual Property Helpdesk – AI and Copyright: https://intellectual-property-helpdesk.ec.europa.eu/news-events/news/artificial-intelligence-and-copyright-use-generative-ai-tools-develop-new-content-2024-07-16_en
The Guardian – UK Data Bill Amendment (Baroness Kidron): https://www.theguardian.com/technology/2025/may/15/lords-examine-new-amendment-to-data-bill-to-require-ai-firms-declare-use-of-copyrighted-content
