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Generative AI Faces Uphill Battle Related to Copyright Protection

Dahlia Arnold

Aug 23, 2023

Generative AI Faces Uphill Battle Related to Copyright Protection

Generative AI is a rapidly emerging field that allows computers to create new content, such as images, text, and music. This technology has the potential to revolutionize many industries, but it also raises complex copyright questions.

One of the main challenges is that generative AI models are often trained on large datasets of existing content. This means that the outputs of these models may be derivative works, which are protected by copyright law. For example, a generative AI model that is trained on a dataset of photographs may be able to generate new photographs that are similar to the photographs in the dataset. These new photographs would be derivative works of the photographs in the dataset and would be protected by copyright.

Another challenge is that it can be difficult to determine who owns the copyright in a work created by generative AI. In some cases, the copyright may belong to the person or entity that created the generative AI model. In other cases, the copyright may belong to the person or entity that provided the training data. In still other cases, the copyright may be shared between multiple parties.

The lack of clarity around copyright law for generative AI has created an uphill battle for creators and businesses who want to use this technology. There are a number of legal cases currently pending that will help to clarify the law in this area. However, it is likely that the law will continue to evolve as generative AI technology becomes more sophisticated.

In the meantime, there are a number of things that creators and businesses can do to protect their copyright interests in works created by generative AI. These include:

  • Obtaining a copyright registration for the work.

  • Including a copyright notice on the work.

  • Keeping records of the creation and development of the work.

  • Avoiding using training data that is protected by copyright.

  • Entering into agreements with the creators of generative AI models and the providers of training data.

The law in this area is still developing, but it is important to take steps to protect your copyright interests if you are using generative AI technology. By taking these steps, you can help to ensure that you are able to benefit from your creative work.

In addition to the legal challenges, there are also ethical considerations to be made when using generative AI. For example, some people have argued that generative AI could be used to create fake news or propaganda. It is important to be aware of these ethical considerations and to use generative AI responsibly.

The development of generative AI is a rapidly evolving field, and it is likely to have a major impact on the way we create and consume content. As this technology becomes more sophisticated, it is important to develop clear and comprehensive copyright laws to protect the rights of creators and businesses.

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