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Artificial Intelligence Creation and Copyright Conundrums

Amazing Feats of Generative AI! It astonishes with its capabilities, such as creating images from faded photos or sketches that can rival or even surpass the original quality. Text generators also show their might, producing essays, article summaries, poetry, and even simulating distinct...

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AI Wizardry at Its Best: Marvels of Generative Artificial Intelligence
AI Wizardry at Its Best: Marvels of Generative Artificial Intelligence

AI Magic, Yet Legal Landmines

It's mind-blowing how generative AI (Gen AI) can create stunning images or write engaging content, often outperforming human talents. However, before you jump on the bandwagon, remember: Gen AI relies on data from the internet to learn patterns and create predictions.

This data-driven approach brings its own set of legal challenges, particularly regarding intellectual property rights (IPR). Unawareness of these issues can put your organization at risk for costly legal actions.

Gen AI is a new technology, but it's not immune to age-old laws. The legal system is grappling with the implications of Gen AI, assessing how existing IPR laws apply without infringing. Cases are moving through courts, tackling questions like the definition of derivative work, the doctrine of fair use, and more.

These legal battles involve issues such as the rights of usage, training content, and the need for direct references to other creators' work. Laws vary across jurisdictions, adding another layer of complexity.

Treading Carefully in the AI Terrain

Companies should exercise caution when using Gen AI. AI developers need to ensure they legally obtain the data used for training their systems, which might involve licensing intellectual property or sharing revenue with the owners.

Users, too, need to be mindful of IPR laws to avoid legal complications. Some companies are adopting an opt-out approach, allowing IP owners to choose whether their data is used in Gen AI programs. However, a better practice is to seek explicit permission, or opt-in, from IP owners.

The Key Players and Their Responsibilities

  1. Developers: They should use transparent data, maintain the origin of their AI-generated content, and take responsibility for potential IPR violations.
  2. Creators: They must proactively search for potential IPR violations in their portfolio and monitor their digital channels for unauthorized derivative work.
  3. Businesses: They should update their contracts to include adequate protection and demand broad indemnification for potential IPR violations. They should also inform vendors and customers about Gen AI use.

In the future, creators with extensive IPR holdings might consider creating their own data sets for use in Gen AI platforms, or co-creating with others to train Gen AI systems.

Ultimately, respect for creators' rights is paramount.

Article Origin: Gil Appel, Juliana Neelbauer, and David A. Schweidel, "Generative AI Has an Intellectual Property Problem," Harvard Business Review, 2023/04

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  • In the legal landscape of AI, artificial intelligence (AI) developers are responsible for ensuring they legally obtain data for training their systems, often involving licensing intellectual property or sharing revenue with the owners.
  • Companies using AI technology need to tread carefully to avoid legal complications, such as proactively searching for potential intellectual property rights (IPR) violations, updating contracts to include adequate protection, and informing vendors and customers about Gen AI use.

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