Neuro-Generated Content: Legal Framework Proposal

Definition

Neuro-Generated Content (NGC) refers to creative works produced through the interpretation and transformation of human neural signals (EEG, fMRI, or other brain-computer interface data) by artificial intelligence systems.

Unlike purely AI-generated content, NGC explicitly recognizes the human brain as an active co-creator in the generative process, establishing a hybrid authorship model.

Key Principles

1. Dual Authorship Recognition

NGC operates under a collaborative creation model where:

The Human Subject provides neural input reflecting cognitive, emotional, or creative states
The AI System interprets and transforms these signals into tangible creative output
Both parties are recognized as essential contributors to the final work

2. Neural Data Sovereignty

Neural signals are classified as biometric data with heightened privacy protections
The originating human retains fundamental rights over their brain data
Any commercial use requires explicit, informed consent
Right to deletion and data portability applies (GDPR-compliant)

3. Default Rights Distribution

Standard NGC License (50/50 Model):

Human Subject: 50% intellectual property rights
Technology Provider: 50% intellectual property rights
- Divided among: Hardware manufacturer, AI model developer, decoding algorithm creator (negotiable)

Alternative Models:

Parties may negotiate different splits (e.g., 70/30, 60/40)
Non-commercial use may grant 100% rights to human subject
Educational/research contexts may have separate frameworks

Categories of NGC

Type I: Passive Neural Recording

Content generated from unconscious brain states (e.g., dreams, meditation)
Lower intentionality, higher interpretive role of AI
Suggested split: 40% human / 60% technology

Type II: Active Neural Creation

Content generated from conscious, directed thought (e.g., imagining specific scenes)
Higher intentionality, AI serves more as translator
Suggested split: 60% human / 40% technology

Type III: Collaborative Neural-AI Interaction

Real-time feedback loop between human thought and AI output
Iterative creative process with both parties actively shaping result
Suggested split: 50% human / 50% technology (default)

Rights and Obligations

Human Subject Rights:

✓ Right to be identified as co-creator
✓ Right to approve commercial use
✓ Right to veto publication/distribution
✓ Right to access raw neural data
✓ Right to delete neural data
✓ Right to negotiate profit-sharing terms
✓ Protection against misrepresentation of neural states

Technology Provider Rights:

✓ Right to be credited for technological contribution
✓ Right to fair compensation for infrastructure/development
✓ Right to anonymize and aggregate data for research (with consent)
✓ Right to refuse processing of harmful/illegal content

Mutual Obligations:

Transparent disclosure of data processing methods
Clear documentation of contribution percentages
Honest representation of creative process
Respect for ethical boundaries in neural data use

Commercial Framework

For commercially exploited NGC works:

Gross revenue is calculated after platform fees
Rights holders receive proportional share based on agreed split
Minimum thresholds may apply for micro-transactions

Derivative Works

Any derivative work requires consent from all original rights holders
Derivative creators gain rights only to new additions
Original NGC rights remain with initial creators

Licensing Models

Personal Use License: Free, non-commercial use by human subject
Research License: Reduced fees for academic/scientific purposes
Commercial License: Full rights negotiation required
Open NGC License: Human subject may choose to release under open terms (CC BY, etc.)

Ethical Safeguards

Prohibited Uses:

Creating NGC from non-consenting individuals
Misrepresenting neural states or mental conditions
Exploiting vulnerable populations (minors, impaired individuals)
Using NGC for surveillance or manipulation
Generating harmful content from neural data

Informed Consent: Clear explanation of technology, process, and rights
Ongoing Consent: Right to withdraw at any stage (pre-publication)
Specific Consent: Separate approval for each commercial use case
Capacity Assessment: Verification of mental capacity to consent

Data Protection:

Neural data classified as sensitive biometric information
Encryption required for storage and transmission
Retention limits (deletion after agreed period)
Prohibition on selling raw neural data to third parties

Dispute Resolution

Ownership Disputes:

Mediation: Preferred first step with neutral NGC specialist
Arbitration: Binding arbitration if mediation fails
Court: Litigation as last resort (specialized IP courts)

Valuation Disputes:

Independent assessment of contribution percentages
Consideration of technological investment vs. creative input
Market value analysis for profit-sharing disagreements

International Considerations

Harmonization Goals:

Push for international treaty recognizing NGC as distinct category
Cross-border enforcement of NGC rights
Mutual recognition of NGC licenses

Regional Variations:

EU: Strong data protection, human-centric rights emphasis
US: More flexible commercial frameworks, innovation-focused
Asia: Varying approaches, potential for distinct NGC models

Implementation Roadmap

Phase 1: Recognition (Years 1-2)

Legal recognition of NGC as distinct from AI-generated content
Basic framework for consent and data protection
Industry standards development

Phase 2: Standardization (Years 3-5)

Standardized licensing agreements
Dispute resolution mechanisms
Registry for NGC works and rights holders

Phase 3: Maturation (Years 5+)

International treaties and harmonization
Established case law and precedents
Evolution based on technological advances

Open Questions for Legal Evolution

How to handle group neural sessions? (Multiple people’s EEG data combined)
What about post-mortem rights? (Using deceased person’s archived neural data)
How to address neural “deepfakes”? (Simulating someone’s neural patterns)
Should there be a “neural fair use” doctrine?
How to balance research needs with privacy rights?

Conclusion

Neuro-Generated Content represents a paradigm shift in creative authorship, requiring new legal frameworks that respect both human cognitive sovereignty and technological innovation. This proposal establishes foundational principles for fair, ethical, and sustainable NGC practices.

This framework prioritizes:

Human dignity and neural privacy
Fair compensation for all contributors
Innovation and creative freedom
Ethical boundaries in brain-technology interfaces

Version 1.0 - Proposed Framework
Last Updated: October 2025
Status: Conceptual - Pending Legal Review