Understanding the Legal Issues of Generative AI and Copyright Law

Understanding the Legal Issues of Generative AI and Copyright Law

Table of Contents:

I. Introduction II. Pamela Samuelson: Expert in Law and Artificial Intelligence III. Copyright Law and Generative AI A. The Ingestion Question B. Removal or Alteration of Copyright Management Information C. Derivative Works IV. Lawsuits Involving Generative AI A. Stable v. Getty Images and Sarah Anderson B. OpenAI C. Meta and Alphabet V. Potential Solutions and Legislative Action A. Collective License for Ingestion of Copyright Works B. Federal Right of Publicity Law C. Amendment to 1202 VI. Implications of Generative AI on Copyright Law A. Dual Use Technology B. Designing Systems to Address Concerns VII. Conclusion

Article:

Artificial intelligence (AI) has become a disruptive technology in recent years, with Generative AI being one of the most innovative and potentially transformative forms of AI. However, the implications of generative AI on copyright law have become a topic of concern for many, particularly those in the creative industries. In this article, we will explore the legal issues surrounding generative AI and copyright law, as well as potential solutions and legislative action.

Pamela Samuelson: Expert in Law and Artificial Intelligence

Pamela Samuelson is a distinguished professor of law from UC Berkeley, with a joint appointment in both the School of Law and the UC Berkeley School of Information. She is an expert in many different aspects of law and artificial intelligence, with a long and distinguished career in copyright law, intellectual property, cyber law, and information policy. Samuelson has been involved in testifying before Congress on the implications of copyright law for generative AI, making her the perfect person to communicate the importance of our own work and the potential implications of law, especially copyright law, for our field.

Copyright Law and Generative AI

The Ingestion Question

One of the most significant legal issues surrounding generative AI and copyright law is the ingestion question. When, if at all, are AI-generated outputs infringing derivative works of ingested content? The answer to this question is probably not very much, as long as the outputs are not substantially similar in their expressive elements. The law only protects things that are called original expression of an author, and not everything in the work. Fair use is a defense to a charge of infringement, and the statute sets forth four factors that courts are supposed to consider.

Removal or Alteration of Copyright Management Information

Another legal issue is the removal or alteration of copyright management information associated with copies of works. Does it violate a copyright-related rule, which is called the 1202 problem? The answer is that it depends on whether the removal or alteration of copyright management information is going to facilitate infringement. The courts have the power to impound and destroy AI systems that are found to be infringing.

Derivative Works

Derivative works are things like translations and musical arrangements of songs. The copyright owner has exclusive rights to make derivative works, and the statutory definition is a work Based on one or more pre-existing works. The question is whether generative AI outputs infringe the derivative work right. If the generative AI outputs do infringe the derivative work right, that may affect how the courts look at the ingestion question.

Lawsuits Involving Generative AI

There are currently ten lawsuits involving generative AI, with stability being the defendant in two lawsuits, one by Getty Images and one by a particular visual artist named Sarah Anderson. OpenAI was more recently sued for copyright infringement and 1202 violations, as well as two class-action lawsuits. Meta and Alphabet have also been sued for copyright and privacy violations. The class-action lawsuits are particularly important because they can result in large amounts of money.

Potential Solutions and Legislative Action

There are several potential solutions and legislative actions that can be taken to address the legal issues surrounding generative AI and copyright law. One proposal is a collective license for ingestion of copyright works as training data. There is also talk about a federal right of publicity law to stop impersonations, deep fakes, and the like, as well as an amendment to 1202. The copyright office is going to be very active in this space, and it is important to engage with them and submit comments in response to the questions that they pose.

Implications of Generative AI on Copyright Law

Generative AI is a dual-use technology, meaning that it can be used for infringing and non-infringing purposes. To the extent that generative AI enables creative reuses of data that was embodied in works, it may be a good thing. Fair use is a mechanism for balancing the interests of different groups, and it is important to recognize that some people might want their stuff not to be used as training data. Designing systems to enable opt-outs may help with a fair use defense.

Conclusion

Generative AI has become a disruptive technology in recent years, with implications for copyright law that are still being explored. The legal issues surrounding generative AI and copyright law are complex, and there are several potential solutions and legislative actions that can be taken. It is important to engage with the copyright office and submit comments in response to their questions. Designing systems to enable opt-outs may help with a fair use defense.