In discussions across the gaming industry, particularly outside the United States, Top Games’ Vice President Benjamin Gifford has observed that an increasing number of studios are leveraging AI-generated creative content, ranging from character design and game environments to entire storylines. Gifford notes that while AI workflows are attractive for their efficiency and cost savings, over-reliance on AI for creating core assets poses substantial risks to intellectual property (IP) protection and long-term value.
He is explicit:
If a studio relies predominantly on AI without significant human creative involvement in its core assets, the game’s IP, the studio’s future, and the team’s development may all face serious threats.
Gifford emphasizes that U.S. copyright law (Article I, Section 8 of the Constitution) explicitly protects original human expression, incentivizing creativity and innovation. Historically, copyright has driven investment and development across the arts, literature, and entertainment industries by granting creators exclusive rights.
In interactive media, such as games, copyright protection is especially critical. Gifford argues that it safeguards unique gameplay mechanics, stories, characters, artwork, and audio, allowing creators to monetize their innovation and secure long-term commercial value.
According to the U.S. Copyright Office, copyright protection explicitly requires human creativity:
“When AI technology determines the expressive elements of its output, the generated material is not the product of human authorship. As a result, that material is not protected by copyright and must be disclaimed in a registration application.”
— U.S. Copyright Office, 2023 AI Policy Guidance
Gifford further highlights reporting by The Verge (2025), which clarifies that merely prompting or accepting AI output is insufficient for human authorship, leaving purely AI-generated assets unprotected:
“No matter how many times a prompt is revised and resubmitted, the final output reflects the user’s acceptance of the AI system’s interpretation, rather than authorship of the expression it contains.”
In other words, without genuine human creativity, a studio cannot secure copyright protection, leaving its game’s intellectual property vulnerable.
Gifford stresses that this is not merely a legal technicality but a matter of long-term strategic significance:
Loss of IP Exclusivity
Copyright is the cornerstone of a game’s competitive advantage. Gifford notes that without protection, unique visual designs, characters, storylines, and gameplay mechanics can be freely copied by competitors, eroding brand distinctiveness, market influence, and player loyalty over time.
Reduced Valuation and Investor Confidence
Investors prioritize defensible IP because it signals sustainable revenue, franchise potential, and long-term market leadership. Gifford warns that AI-generated assets lacking copyright protection weaken investor confidence and directly affect company valuation.
Potential Litigation and Regulatory Risk
Gifford points out that misrepresenting AI-generated content as original human work—even inadvertently—can expose studios to legal risks, litigation, operational disruptions, and reputational damage. Clear disclosure of AI content is essential to avoid future regulatory complications.
Limited Monetization Opportunities
Without copyright protection, studios forfeit essential monetization channels, including licensing, merchandise, and cross-media adaptations, restricting long-term revenue potential.
Erosion of Long-Term Strategic Positioning
Gifford argues that a game studio’s value extends beyond current titles; it lies in cultivating a portfolio of IP with enduring commercial potential. Over-reliance on AI-generated content undermines strategic flexibility and competitiveness.
Gifford cites Evony: The King’s Return as a prime example. As a classic real-time strategy (RTS) mobile game, it combines deep strategy gameplay with social collaboration, attracting over 200 million global players and millions of loyal, active users.
Evony’s success is no accident:
Gifford emphasizes that had Evony’s core assets been generated entirely by AI, the game’s unique brand, creative events, and commercial opportunities would be severely constrained. Human creativity combined with strategic design has enabled Top Games to secure a prominent position in the global RTS market while ensuring sustainable growth.
Gifford stresses that AI has enormous potential to streamline workflows, enhance creativity, and accelerate game development. However, over-reliance or mismanagement of AI erodes IP exclusivity, diminishes brand value, and restricts long-term growth.
He concludes: Using AI responsibly as a productivity tool, underpinned by human authorship and a robust copyright framework, is essential. By doing so, studios can create better games while securing long-term success for teams, investors, and audiences alike.