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AI-generated works won’t be recognized as copyrightable in Kazakhstan

24.10.2025 20:28:00
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Under the draft law “On Artificial Intelligence,” fully AI-generated content will not be considered intellectual property. The right to authorship remains reserved for humans, with AI treated as a tool, not a legal subject.

However, the law allows for joint authorship. If a person contributes significant creative input — such as crafting a complex prompt or editing the result — they may claim copyright.

To confirm authorship, the level of human involvement must be proven. Simple commands like “make a video about autumn” won’t qualify, while detailed scenario instructions may be recognized as creative work.

One proposal suggests recognizing complex prompts as standalone copyrightable objects. In creative industries, such prompts may span dozens of pages with ideas, decisions, and directorial guidance.

The draft also introduces machine-readable labeling, allowing authors to restrict the use of their content by AI systems — especially for non-commercial training purposes.

Kazakhstan’s Ministry of AI and Digital Development clarified that creators will be able to prohibit the use of their materials for model training. This aims to protect authors from unauthorized exploitation.

Importantly, training AI on content is not considered copyright infringement if it doesn’t involve profit or reproduction — similar to how humans study works of art.