Protecting Creativity in the Digital Age: A Conversation with Attorney Justin Jacobson, an interview with Zafira Hudani

Protecting Creativity in the Digital Age: A Conversation with Attorney Justin Jacobson, an interview with Zafira Hudani In The Global IP Magazine Issue 24, Justin Jacobson, Founder of Justin M. Jacobson Law Office, speaks with Zafira Hudani, Reporter at Northon’s Media PR & Marketing Ltd, United Kingdom, about the evolving intersection of intellectual property, entertainment law, and digital content creation. Drawing on nearly two decades of experience in the entertainment and music industries, Jacobson provides practical guidance for creators navigating copyright, trademarks, AI-generated content, and the business realities of building sustainable creative careers.

From Creative Passion to Legal Protection

The digital economy has transformed how content is created, distributed, and monetised. Platforms such as YouTube, streaming services, and social media have enabled creators to reach global audiences with unprecedented ease.

However, this accessibility also increases the need for robust intellectual property protection. As Jacobson highlights, understanding the distinction between copyright and trademarks is essential. While trademarks protect names, brands, and identities, copyright safeguards creative outputs such as music, videos, and visual works.

For creators, securing these rights is not only about protection but also about ownership, licensing opportunities, and long-term monetisation. Turning Creativity into a Business

Beyond legal protection, Jacobson emphasises the importance of treating content creation as a business. Many emerging creators focus on content production without considering the structural and financial aspects required for long-term success.

Establishing a legal entity, managing finances through dedicated business accounts, and understanding contractual obligations are critical steps. Early planning can prevent costly complications as a creator’s success grows, allowing them to scale sustainably and retain control over their work.

AI and the Limits of Copyright Protection

Artificial intelligence has introduced new complexities into the creative landscape. While AI tools can generate content efficiently, current legal frameworks remain centred on human authorship.

Jacobson explains that works created entirely by AI are generally not eligible for copyright protection. Only the human contribution within an AI-assisted work can be protected. As a result, creators must carefully balance the use of AI tools with meaningful human input to retain ownership rights.

This evolving area of law highlights the importance of documentation, transparency, and strategic use of AI within creative workflows. Contracts, Disclosure, and Risk Management

As AI becomes integrated into content production, contractual considerations are becoming increasingly important. Agreements with designers, developers, or collaborators must clearly address the use of AI, ownership of outputs, and liability risks.

Failure to disclose AI usage or clarify rights can lead to disputes, particularly in cases involving licensing or infringement claims. By proactively addressing these issues, creators and businesses can reduce risk and maintain control over their intellectual property. Global Reach and Emerging Challenges

Digital content operates on a global scale, creating additional complexity for IP protection. Different jurisdictions may apply varying rules to copyright, personality rights, and AI-generated works.

Jacobson notes that while international frameworks such as those from the World Intellectual Property Organization provide guidance, there is currently no unified global approach to AI-related IP issues. Creators must therefore remain aware of the legal landscape in key markets where their content is consumed.

The Future of IP in Entertainment

Looking ahead, artificial intelligence is expected to remain the most significant driver of change in the IP and entertainment sectors. As major technology and media companies continue to invest in AI, legal frameworks will evolve in response to economic, technological, and regulatory pressures.

For creators, lawyers, and businesses, staying informed and adaptable will be essential to navigating this rapidly changing environment.

Conclusion

As digital content continues to evolve, intellectual property protection remains central to sustaining creative industries. Understanding legal frameworks, adopting strategic business practices, and navigating AI responsibly will enable creators to protect their work and build lasting value.

Read the full article in The Global IP Magazine Issue 24, essential reading for creators, legal professionals, and businesses operating at the intersection of entertainment, technology, and intellectual property.

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