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AI Expression and the First Amendment

  • The First Amendment protects freedom of speech, which includes expressive activities like art. Courts have found computer code can receive First Amendment protection when it is expressive.

  • AI algorithms like those for self-driving cars are functional, not expressive, so regulating them does not implicate the First Amendment.

  • But generative AI produces expressive content like images and writing. So limits on training large AI models could impact expression beyond just computation.

  • Artists and the public will use AI in creative ways. Limits on computation could constrain production of expressive AI content, implicating the First Amendment.

  • Computation and expression are increasingly intertwined via AI. Whether there is a First Amendment right to compute large AI models is a key question needing an answer.

scientificamerican.com
Relevant topic timeline:
Main topic: Copyright protection for works created by artificial intelligence (AI) Key points: 1. A federal judge upheld a finding from the U.S. Copyright Office that AI-generated art is not eligible for copyright protection. 2. The ruling emphasized that human authorship is a fundamental requirement for copyright protection. 3. The judge stated that copyright law protects only works of human creation and is not designed to extend to non-human actors like AI.
### Summary A US court ruled that creative work made by artificial intelligence is ineligible for copyright, a significant ruling amid the ongoing Hollywood writer's strike. ### Facts - 🤖 Artificial intelligence-generated art cannot be protected by copyright, according to a US federal judge. - 📜 The ruling may codify intellectual property rights regarding creative works made by AI versus those made by humans. - ⚖️ The ruling was made by US District Court Judge Beryl A. Howell and supported by the register of copyrights and director of the US Copyright Office, Shira Perlmutter. - ⚠️ The significance of the ruling comes amid ongoing writers' and actors' strikes in Hollywood, as there are fears that studios will use AI-generated work to avoid paying writers and actors. - 🧠 The plaintiff, Stephen Thaler, argued that his AI, the "Creativity Machine," should be recognized as the author of a piece of artwork, but the US Copyright Office denied the application. - 📚 The ruling also clarifies that the copyright for AI-generated work cannot be claimed by the AI's users under the work-for-hire doctrine. ### How does this relate to Hollywood and AI? - 🎥 The ruling has implications for Hollywood's use of AI-generated content and the ongoing concerns of writers' and actors' unions. - 💡 The question of copyrightability for works made by AI has become increasingly relevant as generative AI becomes more prevalent globally. - 💰 Entertainment and media companies are investing significantly in generative AI and may become global leaders in the field. - 🌐 By 2025, it is projected that 90% of all content may be partly AI-generated.
### Summary A federal judge in the US ruled that an AI-generated artwork is not eligible for copyright protection since it lacks human authorship. ### Facts - The judge agreed with the US Copyright Office's rejection of a computer scientist's attempt to copyright an artwork generated by an AI model. - The judge stated that copyright protection requires human authorship and that works absent of human involvement have been consistently denied copyright protection. - The ruling raises questions about the level of human input needed for copyright protection of generative AI and the originality of artwork created by systems trained on copyrighted pieces. - The US Copyright Office has issued guidance on copyrighting AI-generated images based on text prompts, generally stating that they are not eligible for protection. - The agency has granted limited copyright protection to a graphic novel with AI-generated elements. - The computer scientist plans to appeal the ruling.
### Summary A federal judge ruled that AI-generated art cannot be copyrighted, which could impact Hollywood studios and their use of AI. ### Facts - 🤖 Plaintiff Stephen Thaler sued the US Copyright Office to have his AI system recognized as the creator of an artwork. - 🚫 US District Judge Beryl Howell upheld the Copyright Office's decision to reject Thaler's copyright application. - 📜 Howell stated that human authorship is a fundamental requirement for copyright and cited the "monkey selfie" case as an example. - ❓ How much human input is needed for AI-generated works to qualify as authored by a human will be a question for future cases. - ⚖️ Hollywood studios may face challenges in their contract disputes with striking actors and writers, as AI-generated works may not receive copyright protection.
A federal judge ruled that AI-generated art is not eligible for copyright protection in the US due to the absence of human authorship.
AI-generated inventions need to be allowed patent protection to encourage innovation and maximize social benefits, as current laws hinder progress in biomedicine; jurisdictions around the world have differing approaches to patenting AI-generated inventions, and the US falls behind in this area, highlighting the need for legislative action.
The Alliance of Motion Picture and Television Producers has proposed guidelines for the usage of artificial intelligence (AI) and data transparency in the entertainment industry, stating that AI-created material cannot be considered literary or intellectually protected, and ensuring that credit, rights, and compensation for AI-generated scripts are given to the original human writer or reworker.
Major media organizations are calling for new laws to protect their content from being used by AI tools without permission, expressing concerns over unauthorized scraping and the potential for AI to produce false or biased information.
The use of copyrighted material to train generative AI tools is leading to a clash between content creators and AI companies, with lawsuits being filed over alleged copyright infringement and violations of fair use. The outcome of these legal battles could have significant implications for innovation and society as a whole.
Salesforce has released an AI Acceptable Use Policy that outlines the restrictions on the use of its generative AI products, including prohibiting their use for weapons development, adult content, profiling based on protected characteristics, medical or legal advice, and more. The policy emphasizes the need for responsible innovation and sets clear ethical guidelines for the use of AI.
A Washington D.C. judge has ruled that AI-generated art should not be awarded copyright protections since no humans played a central role in its creation, establishing a precedent that art should require human authorship; YouTube has partnered with Universal Music Group to launch an AI music incubator to protect artists from unauthorized use of their content; Meta has introduced an automated translator that works for multiple languages, but concerns have been raised regarding the impact it may have on individuals who wish to learn multiple languages; major studios are hiring "AI specialists" amidst a writers' strike, potentially leading to a future of automated entertainment that may not meet audience expectations.
Artificial intelligence (AI) tools can put human rights at risk, as highlighted by researchers from Amnesty International on the Me, Myself, and AI podcast, who discuss scenarios in which AI is used to track activists and make automated decisions that can lead to discrimination and inequality, emphasizing the need for human intervention and changes in public policy to address these issues.
A British parliamentary committee is urging the government to prioritize the rights of musicians and creators over AI developers by axing plans that would allow AI developers to freely train their systems on existing works of music, literature, and art.
The United States Copyright Office has issued a notice of inquiry seeking public comment on copyright and artificial intelligence (AI), specifically on issues related to the content AI produces and how it should be treated when it imitates or mimics human artists.
“A Recent Entrance to Paradise” is a pixelated artwork created by an artificial intelligence called DABUS in 2012. However, its inventor, Stephen Thaler, has been denied copyright for the work by a judge in the US. This decision has sparked a series of legal battles in different countries, as Thaler believes that DABUS, his AI system, is sentient and should be recognized as an inventor. These lawsuits raise important questions about intellectual property and the rights of AI systems. While Thaler's main supporter argues that machine inventions should be protected to encourage social good, Thaler himself sees these cases as a way to raise awareness about the existence of a new species. The debate revolves around whether AI systems can be considered creators and should be granted copyright and patent rights. Some argue that copyright requires human authorship, while others believe that intellectual property rights should be granted regardless of the involvement of a human inventor or author. The outcome of these legal battles could have significant implications for the future of AI-generated content and the definition of authorship.
The use of AI in the entertainment industry, such as body scans and generative AI systems, raises concerns about workers' rights, intellectual property, and the potential for broader use of AI in other industries, infringing on human connection and privacy.
The rapid advancement of AI technology poses significant challenges for democratic societies, including the need for nuanced debates, public engagement, and ethical considerations in regulating AI to mitigate unintended consequences.
The Supreme Court's "major questions doctrine" could hinder the regulation of artificial intelligence (AI) by expert agencies, potentially freezing investments and depriving funding from AI platforms that adhere to higher standards, creating uncertainty and hindering progress in the field.
The Colorado State Fair has amended its rules to require artists to disclose if they used artificial intelligence (AI) to create their submissions after controversy arose when an AI-generated artwork won first place in the fair's digital arts competition last year.
Congressman Clay Higgins (R-LA) plans to introduce legislation prohibiting the use of artificial intelligence (AI) by the federal government for law enforcement purposes, in response to the Internal Revenue Service's recently announced AI-driven tax enforcement initiative.
Google will require political advertisements that use artificial intelligence to disclose the use of AI-generated content, in order to prevent misleading and predatory campaign ads.
Governments worldwide are grappling with the challenge of regulating artificial intelligence (AI) technologies, as countries like Australia, Britain, China, the European Union, France, G7 nations, Ireland, Israel, Italy, Japan, Spain, the United Nations, and the United States take steps to establish regulations and guidelines for AI usage.
High-profile songwriters are meeting with Congressmen to advocate for legislation protecting musicians' copyrights in the face of the rapid rise of artificial intelligence (AI) in the music industry. The industry wants clear legislation that requires permission from copyright holders to use pre-existing songs to train AI for generating new music.
The US Copyright Office has ruled for the third time that AI-generated art cannot be copyrighted, raising questions about whether AI-generated art is categorically excluded from copyright protection or if human creators should be listed as the image's creator. The office's position, which is based on existing copyright doctrine, has been criticized for being unscalable and a potential quagmire, as it fails to consider the creative choices made by AI systems similar to those made by human photographers.
Artificial intelligence, such as ChatGPT, may have a right to free speech, according to some arguments, as it can support and enhance human thinking, but the application of free speech to AI should be cautious to prevent the spread of misinformation and manipulation of human thought. Regulations should consider the impact on free thought and balance the need for disclosure, anonymity, and liability with the protection of privacy and the preservation of free thought.
The EU's Artificial Intelligence Act must establish a clear link between artificial intelligence and the rule of law to safeguard human rights and regulate the use of AI without undermining protections, according to advocates.
Artificial intelligence (AI) has the power to perpetuate discrimination, but experts also believe that AI can be leveraged to counter these issues by eliminating racial biases in the construction of AI systems. Legislative protections, such as an AI Bill of Rights and the Algorithmic Accountability Act of 2023, are being proposed to address the impact of AI systems on civil rights.
The development and use of generative artificial intelligence (AI) in education raises questions about intellectual property rights, authorship, and the need for new regulations, with the potential for exacerbating existing inequities if not properly addressed.
Artificial intelligence (AI) has the potential to disrupt the creative industry, with concerns raised about AI-generated models, music, and other creative works competing with human artists, leading to calls for regulation and new solutions to protect creators.
Democratic lawmakers have urged President Biden to turn non-binding safeguards on artificial intelligence (AI) into policy through an executive order, using the AI Bill of Rights as a guide to set in place comprehensive AI policy across the federal government.
Google is introducing a new policy to defend users of its generative AI systems on Google Cloud and Workspace platforms against intellectual property violation claims, covering both the use of copyrighted works for training AI and the output generated by the systems.
The rise of AI image generation tools has sparked debate within the creative community, with some artists embracing their use for inspiration and idea generation, while others question the potential oversimplification of art through technology. Many artists see AI as a powerful tool to enhance their creative process, but also acknowledge the need for a strong artistic voice and concept. However, legal issues surrounding ownership and copyright of AI-generated artwork still remain unresolved.
AI tools have the potential to both enhance and hinder internet freedom, as they can be used for censorship and propaganda by autocratic regimes, but also for evading restrictions and combating disinformation. Countries should establish frameworks for AI tool creators that prioritize civil liberties, transparency, and safeguards against discrimination and surveillance. Democratic leaders need to seize the opportunity to ensure that AI technology is used to enhance freedom rather than curtail it.
AI technology poses a threat to voice actors and artists as it can replicate their voices and movements without consent or compensation, emphasizing the need for legal protections and collective bargaining.
The impact of AI on publishing is causing concerns regarding copyright, the quality of content, and ownership of AI-generated works, although some authors and industry players feel the threat is currently minimal due to the low quality of AI-written books. However, concerns remain about legal issues, such as copyright ownership and AI-generated content in translation.
The publishing industry is grappling with concerns about the impact of AI on copyright, as well as the quality and ownership of AI-generated content, although some authors and industry players believe that AI writing still has a long way to go before it can fully replace human authors.
A group of 24 AI experts, including Geoffrey Hinton and Yoshua Bengio, have published an open letter calling for stronger regulation and safeguards for AI technology to prevent potential harm to society and individuals from autonomous AI systems, emphasizing the need for caution and ethical objectives in AI development. They argue that without proper regulation, AI could amplify social injustice and weaken societal foundations. The authors also urge companies to allocate a third of their R&D budgets to safety and advocate for government regulations such as model registration and AI system evaluation.
Lawmakers in Indiana are discussing the regulation of artificial intelligence (AI), with experts advocating for a balanced approach that fosters business growth while protecting privacy and data.
Google has pledged to protect users of its generative AI products from copyright violations, but it has faced criticism for excluding its Bard search tool from this initiative, raising questions about accountability and the protection of creative rights in the field of AI.