The D.C. district court recently affirmed the U.S.
Copyright Office's position that a work generated entirely by artificial intelligence (AI) technology is not eligible for copyright protection.
The case is Stephen Thaler v.
Shira Perlmutter and The United States Copyright Office (1:22-cv-01564) (June 2, 2022).
Dr..
Creating such copies without permission may infringe the copyright holders' exclusive right to make reproductions of their work.
AI companies may argue that their training processes constitute fair use and are therefore noninfringing.Sep 29, 2023.
Can AI Art Be Copyrighted? It has long been the posture of the U.S.
Copyright Office that there is no copyright protection for works created by non-humans, including machines.
Therefore, the product of a generative AI model cannot be copyrighted.
The root of this issue lies in the way generative AI systems are trained..
Although an AI-generated artwork cannot be copyrighted or attributed to a person, the artwork used to train the generator algorithms is often copyrighted, owned, or attributed to real human artists and creators..
The answer is complicated, as generative AI tools learn from external data and possibly copyrighted material.
So, organizations may not know who owns the intellectual property or copyright for AI-generated content..
In the United States, a federal judge ruled in 2023 that AI artwork cannot meet federal copyright standards because “Copyright law is 'limited to the original intellectual conceptions of the author'.” With no author, there is no copyright..
In addition, the Copyright Office’s guidance accepts that works “containing” AI-generated material may be copyrighted under some circumstances, such as:
Both individual content creators and brands that create content should take steps to examine risk to their intellectual property portfolios and protect them.
This involves proactively looking for their work in compiled datasets or large-scale data lakes, including visual elements such as logos and artwork and textual elements, such as image tags.
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In the long run, AI developers will need to take initiative about the ways they source their data — and investors need to know the origin of the data.
Stable Diffusion, Midjourney and others have created their models based on the LAION-5B dataset, which contains almost six billion tagged images compiled from scraping the web indiscriminately, and i.
Generative Artificial Intelligence and Copyright Law Innovations in artificial intelligence (AI) are raising new questions about how copyright law principles such as:
The Copyright Office has also rejected an artist's bid for copyrights on images generated through the AI system Midjourney despite the artist's argument that the system was part of their creative process.
Several pending lawsuits have also been filed over the use of copyrighted works to train generative AI without permission.
Rulings in favor of plaintiffs might trigger “innovation arbitrage,” causing developers of generative AI systems to move their bases of operation to countries that regard the ingestion of copyrighted works as training data as fair use, like Israel’s Ministry of Justice did in early 2023.
