Commentary: Why Generative AI is a minefield for copyright law

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Commentary: Why Generative AI is a minefield for copyright law
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In 2022, an AI-generated work of art won the Colorado State Fair’s art competition. The artist, Jason Allen, had used Midjourney — a generative artificial intelligence (AI) system trained on art scraped from the internet — to create the piece.

In 2022, an AI-generated work of art won the Colorado State Fair’s art competition. The artist, Mr Jason Allen, had used Midjourney — a generative artificial intelligence system trained on art scraped from the internet — to create the piece.

These tools’ generative ability is the result of training them with scores of prior artworks, from which the AI learns how to create artistic outputs. One of the key questions that emerged has to do with US copyright laws, and whether they can adequately deal with the unique challenges of generative AI.

From then on, photography evolved into its own art form and even sparked new abstract artistic movements.Unlike inanimate cameras, AI possesses capabilities — like the ability to convert basic instructions into impressive artistic works — that make it prone to anthropomorphization. Even the term “artificial intelligence” encourages people to think that these systems have humanlike intent or even self-awareness.

While AI systems do not contain literal copies of the training data, they do sometimes manage to recreate works from the training data, complicating this legal analysis. Answering the question of who should own the outputs requires looking into the contributions of all those involved in the generative AI supply chain.

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