AI-Assisted vs AI-Generated: What's the Difference? By Julie Plavnik

[Transcription] [Excerpts] The dividing line here is the amount of human effort.

As you might guess, in AI-generated work it’s scant, while in AI-assisted work, it takes the lead.

There's no clear-cut threshold to quantify this effort, which muddies the waters even more. Also, remember the premise that a creator has little control over AI?

So, how do you make sense of this murky 'AI-assisted' category and apply it to your work?

Here's a thought: use the ‘AI-assistance test’ (that's my term for it, for simplicity) from the EU IP doctrine.

In my opinion, it's the clearest framework out there to cut through the fog.

Heads up: While this test might not apply directly to non-EU folks, it can still guide you on how to structure your AI work to fit the "AI-assisted" label.

Still better than flying blind, IMO

Next is what the EU Test actually suggests—no legalese, I promise.

The AI-assistance Test

Image created by the author

The Test lays out a few criteria to measure your work against, ensuring it can be classified as AI-assisted:

1. Literary, scientific, or artistic domain

2. Human effort

3. Originality & creativity (the crucial one)

4. Expression

The first one is pretty self-explanatory, so let's unpack the other three.

1) Human Effort

As mentioned, there's no fixed ratio or percentage that defines human effort as dominant in the creative process. It just needs to be the driving force, as they say it.

The irony of this criterion is that we're not living in a sci-fi world yet where robots handle all the creative work from start to finish.

The current reality is that human effort is, in most cases, quite significant.

How much is enough? That's the big question.

Perhaps, the next criterion could help us crack this puzzle.

2) Originality and creativity

The Tesr says a work is original and creative if it shows the author's personality and creative choices at each AI-assisted stage.

Keep "creative choices" in mind - that's exactly what you'll need to meticulously document along the way.

Specifically, you'll want to explain your choices at every creation stage:

• Conception

• Execution, and

• Redaction

Let’s dig a bit deeper into each.

a) Conception

At this stage, you've got to show that the spark of the original idea came from your own creative mind, not the AI.

For example, your creative choices could look like:

• The way you approach your research

• How you select material, be it subject matter, plot, or even melodic ideas

• Your unique spin on genre, style, format, and technique

• How you tie this work into your previous ones to maintain a consistent vision

• Leveraging your personal story or expertise for a unique angle

Maybe you used your own non-AI visuals as prompts, or perhaps you've got interviews that can vouch for your creative input.

So, before you sync with AI, think about how you'll detail these kinds of creative choices that make your concept truly yours.

b) Execution Phase

This stage is primarily in the AI's court focusing on how it interprets and executes your prompt.

However, you're not entirely hands-off.

Here your creative choices can revolve around monitoring the output, adjusting AI settings to align with your tone, and instructing it to stick to your original concept.

Document them in detail.

The aim here is to show that you steered the AI to follow your original vision, rather than letting it call the shots.

c) Redaction Phase

Now, let's talk final touches.

This is where you make sure the AI didn't go rogue and your end product does reflect your original concept.

Depending on what you're working on—be it an article, a video, or a design piece—you might be doing a whole bunch of things here: rewriting, editing, formatting, color-correcting, etc.

Basically, all the nitty-gritty stuff that happens before you hit "publish" and start marketing it.

Make it clear how you polished your work up to its final form.

3) Expression

The last piece of the copyright puzzle is making sure your creativity and personality are indeed expressed in the final product.

You want to make it clear that the outcome isn't some AI improvisation and your original intent didn't get lost.

All your authorial creative choices should shine through your end work.

Now let’s wrap it all up

If you're aiming for your work to be copyrightable, you've got to prove it's AI-assisted.

Approach your work through the EU Test lens we’ve just gone through in this article and document your creative choices at every step.

Your backup documentation should essentially say:

'Hey, I'm the creative genius here, and AI was just my sidekick.

This is how my work embodies my tone, style, and vision—things I've been doing long before AI came into the picture (the last part is ideal).

I made my creative choices at every stage—conception, execution, and redaction—and they're loud and clear in the final product.'

Sure, this isn't a guarantee your work will be stamped as yours.

There are other factors at play, not just the AI part.

But knowing this framework gives you the best shot.

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