Copyright protection is a critical consideration for robotics companies. Software source code, technical documentation, marketing materials, and multimedia content are all potentially original works of authorship fixed in a tangible medium and, therefore, eligible for copyright protection. By securing copyrights, robotics companies add an additional layer of protection for their intellectual property, complementing patent and trade secret strategies.
Robotics companies face unique challenges when navigating copyright protection. The integration of creative expression with functional elements, such as with control code or user interfaces, poses questions about the scope of copyright eligibility. While creative elements are protectable, functional aspects of software algorithms are typically excluded. Depending on the level of creative expression in a work, some companies will elect to seek alternative protections like patents or trade secrets.
Recent litigation highlights the importance of copyright in robotics. For example, in Digital Dream Labs, LLC v. Living Technology (Shenzhen) Co., Ltd., Case Number 2:20-cv-01500-CCW, Digital Dream Labs (DDL) alleged that Living Technology (Shenzhen) Co., Ltd., doing business as Living.AI, infringed its copyrights related to interactive desktop robots, Vector and Cozmo. That case, which is ongoing, serves to underscore the necessity for companies to monitor the use of their copyrighted materials and enforce their rights to prevent unauthorized exploitation.
Legislative actions have also impacted copyright in robotics. The rise of AI-generated content has prompted discussions about authorship and ownership under copyright law. In response, legislative actions addressing copyright issues in robotics and artificial intelligence (AI) have been evolving to keep pace with technological advancements. Notable developments include: the Generative AI Copyright Disclosure Act (United States, 2024), proposed legislation introduced in April 2024 by Representative Adam Schiff, that would mandate disclosure of the use of copyrighted works in training generative AI models; the UK Government's Consultation on AI and Copyright (United Kingdom, 2024), which suggests implementing a "rights reservation" system, allowing creators to opt out of having their works used in AI training unless explicit permission is granted; and the U.S. Copyright Office Report on Copyright and Artificial Intelligence (United States, 2025), clarifying, among other guidance, that works generated entirely by AI without human intervention are not eligible for copyright protection.
Despite its benefits, copyright protection has its complexities. Determining whether to rely on copyright, patents, or trade secrets for a particular asset can be challenging, and indeed many assets that may be subject to copyright protection may benefit from multiple forms of IP protection. Enforcement also requires demonstrating access and substantial similarity, which can be resource-intensive. Collaborative development—common in the robotics industry—often complicates copyright ownership, making clear contractual agreements essential.
To address these challenges, robotics companies should take proactive steps to develop a copyright strategy for their creative works. This may include registering copyrights where applicable, ensuring proper ownership agreements are in place, and integrating copyright protection into their broader IP strategies. By doing so, companies can bolster their IP portfolios and protect the creative components of their robotics innovations effectively.
Originally published by MTLC.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
