TL;DR
A US intellectual property lawyer watched his six-year-old son build a working story generator using Google AI Studio that immediately produced content featuring copyrighted characters like Sonic and Mario—without any permission. The incident highlights the unprecedented scale of IP challenges ahead for rights holders.
A Child’s Experiment Reveals a Legal Minefield
When IP attorney Jonathan Menkes experimented with Google’s AI Studio over the weekend, his young son had an idea: create a website that would generate bedtime stories with accompanying images. In less than two minutes, using simple prompts, the child built “Bedtime Story Weaver”—a fully interactive web application.
The first story about a dragon and knight was innocuous enough. But then the boy asked for a tale about Sonic the Hedgehog adventuring with Nintendo’s Mario. The AI happily obliged, producing a complete story about the two copyrighted characters questing for coins.
“As an IP attorney, this was jaw-dropping,” Menkes wrote in a blog post. “My sweet little son unwittingly created something that I spent over a decade of my life preventing others from doing.”
A Tsunami of Potential Infringement
The incident illustrates a fundamental shift in the IP landscape. What once required significant technical skill and deliberate intent can now happen accidentally, in minutes, by anyone with access to AI tools.
Menkes warns that “intellectual property holders should be prepared for a potential tsunami of software applications and websites that push the boundaries of current IP law.”
The challenge extends beyond obvious prompts. Previous research has shown that even neutral prompts like “video game plumber” will often return copyright-infringing imagery of Mario, making enforcement extraordinarily difficult.
Looking Forward
For businesses and brand owners, Menkes recommends a proactive approach: review existing monitoring methods, have staff test each new AI tool for safeguards, and develop triage plans for rapid response when infringement is discovered.
However, he believes collaboration is ultimately necessary: “Companies that can stem the infringement while also creating opportunities for creative outlets will be the ultimate victors in this AI race.”
Some progress is being made—OpenAI now allows rights holders to monetise their IP on Sora, and Disney has created tools for Disney+ subscribers to generate authorised content. But significant legal battles lie ahead as courts and policymakers grapple with these unprecedented challenges.
Source: The Register