Creators Foundation

Category: fair use

  • Why Copyright Matters

    Why Copyright Matters

    What exactly is copyright? And why should we care?

    Imagine you spend years developing a board game with your friends – purely out of passion and joy. After a lot of late nights, trial and error, and creative sparks, your game is finally ready. You put it out into the world. Congratulations! What you’ve created isn’t just a game – it’s a unique expression of thought and imagination. And that makes it a creative work, protected by law.

    Just like a song written and recorded in a studio with fellow musicians. Or a film crafted scene by scene. Or a photo carefully composed and captured with the right light and intention. In each case, the person who brings the idea into form is the creator – and they hold the rights to decide what happens with that work.

    At least in theory.

    Because we all know how easily things are copied online. The internet treats content like a buffet: take what you want, remix it, repost it. And yes – ideas are meant to travel. That’s part of their beauty. But there’s a line between sharing inspiration and erasing origin.

    Let me explain something about Urheberrecht – the German version of copyright – because I think it helps to clarify what’s at stake here.

    What does “Urheberrecht” mean?

    In German law, Urheberrecht refers to authors’ rights, and it’s different from what most people know as “copyright” in the English-speaking world.

    The key idea? The creator is always the author. Forever. You can’t sell or transfer your authorship – it’s part of who you are. What you can do is grant others usage rights (Nutzungsrechte). For example, a publisher can have the right to print and sell your book, but they don’t become the author of it. You stay the source.

    If someone buys a copy of your book, they have a limited right of use. They can read it, pass it on, or resell their physicalcopy – but they don’t own the content. They can’t copy it, adapt it, or publish it without your permission.

    Same with photography: I take a portrait of someone – I am the creator. My client might get the rights to use the photo for their website or social media, but not to sell it to a third party or make it part of an ad campaign. And if that person is recognizable in the photo, I also need their permission (a model release) before I can license it further. So it’s not just about the creator – it’s also about the person being depicted.

    This structure creates a balance between creative freedom, personal rights, and commercial use.

    And here’s the problem with AI.

    Artificial intelligence doesn’t respect any of this. It doesn’t ask for permission, it doesn’t credit the source, and it doesn’t pay for usage. It learns from the styles, voices, and expressions of creators who spent years developing them – and it spits out results that imitate, remix, or replicate those original works.

    That’s not just a technical shortcut. It’s a systemic bypass of the creative economy.

    Because creative work is an investment – of time, skill, and soul. And that investment only pays off over time, through licenses, royalties, and long-term recognition. If we remove that possibility, if we make it normal to just take and remix without boundaries, then we kill the incentive for real originality.

    We risk a world where the only “content” comes from corporate studios, influencers with agendas, or ad-driven platforms. Where independent creators can’t sustain themselves. And that’s dangerous – not just for artists, but for society.

    Because creative voices are part of the public conversation. They add nuance, emotion, and perspective. They reflect the spirit of the time. If those voices fade away, we lose something essential. Not just stories – but the ability to see ourselves and each other in more than just slogans and sales pitches.

    So yes, copyright matters.

    Urheberrecht  matters.

    Because it protects the space where real, independent creativity can still exist.

    Thanks for reading.

  • Why Photographers Should Apply New Licensing Options to Their Work

    Why Photographers Should Apply New Licensing Options to Their Work

    In the rapidly evolving digital landscape, photographers must adapt their licensing practices to protect their work and ensure fair compensation. The rise of AI-generated content and image manipulation presents new challenges that many in the photography industry are only beginning to confront.

    Data, Not the Model, Drives Value

    Recently, I had a firsthand experience that shed light on these issues. A client used my professionally shot headshots to generate new profile photos for their team. While the “images” they produced may have seemed harmless, the situation left me questioning my rights as a photographer. After consulting with a lawyer specialized in German copyright law, I learned something crucial: the client had no legal right to modify, enhance, or repurpose my images beyond the agreed-upon usage rights. Yet, they did so without a second thought.

    This incident prompted me to take action. I am now considering sending the client a post-licensing offer that accounts for the copyright infringement. This case highlights an essential lesson for all photographers—understanding copyright and licensing options is no longer optional; it is necessary.

    Why Licensing Matters More Than Ever

    With the integration of AI in creative industries, photography is facing a transformative moment. Clients may now use AI tools to alter images, create derivatives, or even train AI models using a photographer’s work – all without proper authorization. If photographers do not explicitly define the terms of AI use in their licensing agreements, they risk losing control over their work and potential revenue streams.

    By implementing updated licensing options that address AI-generated modifications, training datasets, and unauthorized enhancements, photographers can better protect their intellectual property. This ensures they are not only credited for their work but also compensated fairly for its extended use.

    Key Takeaways for Photographers

    1. Educate Yourself on Copyright Laws – Understanding the extent of your rights is crucial in protecting your work from unauthorized alterations and misuse.
    2. Define AI Usage in Licensing Agreements – Clearly outline whether and how clients can use your images in AI-related applications.
    3. Implement Post-Licensing Offers – If clients infringe on your rights, consider offering a retroactive licensing agreement that compensates you for unauthorized use.
    4. Stay Proactive, Not Reactive – The industry is evolving quickly. By setting clear terms now, you can avoid disputes and financial losses later.

    The future of photography is being shaped by technology, and it is up to photographers to stay ahead of the curve. By updating licensing agreements to include AI-related terms, professionals can safeguard their work and create sustainable revenue models in the age of digital transformation.

  • Is Copyright outdated?

    Is Copyright outdated?

    There was once a time when creativity felt protected, when creators could make a living not just from their talent but also from laws that shielded their work. Copyright was a fortress. It allowed artists, writers, filmmakers, and musicians to decide how their creations were shared, used, and monetized. It was their shield in a world eager to reproduce and redistribute.

    For decades, industries like film, music, and publishing thrived under the wings of copyright. Remember the fierce campaigns against data piracy in the era of torrent networks? Back then, the battle lines were clear: creators versus pirates. The message was simple—“Piracy hurts creators.”

    But what do we hear now? The silence is deafening.

    The conversation has shifted. Instead of torrents, we’re talking about artificial intelligence. AI tools have revolutionized how content is created, consumed, and mimicked. Yet their foundational training often leans heavily on existing works—texts, images, and videos scraped from the internet. The defense? “It’s for training purposes.” After all, how could machines learn to imitate human creativity without examples?

    The irony is sharp: “All great artists steal,” we say, quoting Picasso. But when tech giants and corporations adopt this mantra to justify wholesale replication of creative works, who benefits? Spoiler alert: it’s not the individual creator.

    The consequences of this shift are far-reaching. If original creators can no longer trust that their work will remain their own, where is the incentive to create? Why pour effort into a masterpiece if it’s destined to be copied, mimicked, and monetized by someone—or something—else?

    This erosion of incentive is already reshaping the landscape. Fewer creators are thriving on their artistry alone. Many now pivot toward commercial partnerships, becoming influencers or brand ambassadors. These roles pay well but steer them toward a kind of creativity that serves commerce over art. The machine keeps rolling, powered not by fresh, original work, but by a feedback loop of recycled content and consumerism.

    And here’s the real kicker: when AI begins to feed on its own regurgitated outputs—models training on AI-generated data—what happens to quality? The pool of inspiration becomes a stagnant pond. True innovation suffers because those who once created with passion and purpose have left the stage.

    Is it time to wave goodbye to copyright? Perhaps the better question is, who benefits when we do? Because if it’s not the creator, then it’s probably the machine. And the machine doesn’t care about art—it only cares about output.

  • Risks and side effects of artificial intelligence

    Risks and side effects of artificial intelligence

    The ongoing development and implementation of artificial intelligence (AI) is already having a profound impact on the economy, society and culture. However, in addition to the undeniable benefits, there are also considerable risks and side effects that deserve critical consideration1.

    Data as a raw material and theft of intellectual property

    The training process for AI models is largely based on analyzing huge amounts of data collected from the internet. Texts, images, music, videos – this content often comes from creatives whose works are used without explicit consent. The boundaries between fair use of data and theft of intellectual property are often blurred.2

    The commercialisation of AI

    The companies that develop these models are also the ones that are now making them available as paid services. The promise is: ‘Adapt to the new age of AI or be left behind.’ This cycle is reminiscent of previous times, in which users were first lured and then tied to proprietary systems.

    The reign of a few tech giants

    The development of powerful AI is complex and expensive. Only a few companies have the resources to manage the necessary computing power and amount of data. This leads to an oligopolisation of the market: a small circle of players controls the foundations of the AI infrastructure, while the rest of the world is dependent on using their services.

    Control, ethics and governance

    A major unresolved problem is the question of how AI systems can be regulated, controlled and managed in an ethically responsible manner. Who determines the ethical guidelines? Who checks whether AI decisions are fair, non-discriminatory and in the interests of society? National governments are already competing with global corporations, which often enforce their own rules and exploit data for their own benefit3.

    This challenge will become even more complex with the spread of interdependent AI-Agents.

    The illusion of limitless progress

    The dominant narrative is that AI development is essential to guarantee ‘progress’. More data, fewer restrictions, better computing power – this is supposed to create an optimised society. But who really benefits from this? And at whose expense is this progress happening? If AI primarily cements the wealth and power of a few players, the question remains as to whether this progress is in the interests of the common good.

    Conclusion: time for a new debate

    AI is a transformative technology with great potential – both in a positive and negative sense. It is time to focus the discourse on AI not only on efficiency and productivity, but also on social responsibility, ethical framework conditions and the fair distribution of benefits. This is the only way to ensure that AI does not become a tool of control and exploitation, but is used for the benefit of all.

    1. Jan Kulveit and others, ‘Gradual Disempowerment: Systemic Existential Risks from Incremental AI Development’ (2025) https://gradual-disempowerment.ai/misaligned-economy accessed 11 March 2025 ↩︎
    2. Lutes, Brent A. and others, ‘Identifying the Economic Implications of Artificial Intelligence for Copyright Policy: Context and Direction for Economic Research‘, U.S. Copyright Office, 2025.https://www.copyright.gov/economic-research/economic-implications-of-ai/Identifying-the-Economic-Implications-of-Artificial-Intelligence-for-Copyright-Policy-FINAL.pdf ↩︎
    3. Philipp Hacker and others ‘Introduction to the Foundations and Regulation of Generative AI’ (2025) https://arxiv.org/abs/2501.16946 accessed 11 March 2025 ↩︎

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