The Art of AI: Protected by Copyright Law or Up for Grabs?
The US District Court ruled that an AI-generated work without human authorship is not eligible for copyright protection, affecting generative AI and users of AI tools.
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Posted 8/25/2023, 9:17:25 AM
goodwinlaw.com
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The use of copyrighted works to train generative AI models, such as Meta's LLaMA, is raising concerns about copyright infringement and transparency, with potential legal consequences and a looming "day of reckoning" for the datasets used.
Generative AI is starting to impact the animation and visual effects industry, with companies like Base Media exploring its potentials, but concerns about job security and copyright infringement remain.
Three artists, including concept artist Karla Ortiz, are suing AI art generators Stability AI, Midjourney, and DeviantArt for using their work to train generative AI systems without their consent, in a case that could test the boundaries of copyright law and impact the way AI systems are built. The artists argue that feeding copyrighted works into AI systems constitutes intellectual property theft, while AI companies claim fair use protection. The outcome could determine the legality of training large language models on copyrighted material.
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.
Artificial intelligence (AI) programmers are using the writings of authors to train AI models, but so far, the output lacks the creativity and depth of human writing.
Generative AI is enabling the creation of fake books that mimic the writing style of established authors, raising concerns regarding copyright infringement and right of publicity issues, and prompting calls for compensation and consent from authors whose works are used to train AI tools.
Hollywood studios are considering the use of generative AI tools, such as ChatGPT, to assist in screenwriting, but concerns remain regarding copyright protection for works solely created by AI, as they currently are not copyrightable.
A U.S. court in Washington, D.C. has ruled that works of art created by artificial intelligence without human input cannot be copyrighted under U.S. law.
A federal judge rejected an inventor's attempt to copyright an artwork generated by artificial intelligence, sparking a broader legal discussion on authorship and intellectual property rights.
Artificial intelligence (AI) poses risks in the legal industry, including ethical dilemmas, reputational damage, and discrimination, according to legal technology experts. Instances of AI-generated content without proper human oversight could compromise the quality of legal representation and raise concerns about professional responsibility. Additionally, the Equal Employment Opportunity Commission (EEOC) recently settled a lawsuit involving discriminatory use of AI in the workplace, highlighting the potential for AI to discriminate. Maintaining trust and credibility is crucial in the reputation-reliant field of law, and disseminating AI-generated content without scrutiny may lead to reputational damage and legal consequences for lawyers or law firms. Other legal cases involving AI include allegations of copyright infringement.
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.
Stephen King is not opposed to his works being used to teach AI about creativity, stating that even human writers need to be readers; however, thousands of other authors have objected to their work being used in AI without permission.
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) is seen as a tool that can inspire and collaborate with human creatives in the movie and TV industry, but concerns remain about copyright and ethical issues, according to Greg Harrison, chief creative officer at MOCEAN. Although AI has potential for visual brainstorming and automation of non-creative tasks, it should be used cautiously and in a way that values human creativity and culture.
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.
UK publishers have called on the prime minister to protect authors' intellectual property rights in relation to artificial intelligence systems, as OpenAI argues that authors suing them for using their work to train AI systems have misconceived the scope of US copyright law.
The US Copyright Office has ruled that a piece created with text to image GenAI app Midjourney is not eligible for copyright protection, raising questions about the copyrightability of AI-generated content.
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.
The US Copyright Office Review Board rejected copyright protection for an AI-generated artwork because it lacks human authorship required for registration, sparking controversy over the ethics of AI-generated artwork.
Adobe has joined other companies in committing to safe AI development and has proposed a federal anti-impersonation law that would allow creators to seek damages from individuals using AI to impersonate them or their style for commercial purposes, which would make the impersonator, not the tool's vendor, the target of legal action.
Meta is being sued by authors who claim that their copyrighted works were used without consent to train the company's Llama AI language tool.
Authors, including Michael Chabon, are filing class action lawsuits against Meta and OpenAI, alleging copyright infringement for using their books to train artificial intelligence systems without permission, seeking the destruction of AI systems trained on their works.
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.
Several fiction writers are suing Open AI, alleging that the company's ChatGPT chatbot is illegally utilizing their copyrighted work to generate copycat texts.
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.