The integration of Artificial Intelligence (AI) into the realm of copyright has sparked significant debates about the ownership of rights for AI-generated works. Simultaneously, critical issues arise concerning the legal use of data required for training AI systems. Recent legal decisions are helping to shape an evolving regulatory framework, addressing the complex intersections between technology and law.
Issue: The creation of content by generative AI raises questions about who holds the copyright.
Key Point: Determining when the use of AI constitutes a copyright infringement.
Deep Dive: Traditionally, copyright is attributed to natural persons or legal entities. The absence of a human author in generative AI complicates the question of ownership. In traditional copyright law, an author must be a natural person or a legal entity capable of holding rights. With AI-generated works, there is no clear human creator, which raises significant questions about who, if anyone, can claim ownership.
Issue: The data used to train AI may include copyrighted works.
Key Point: Using such data for training could be a copyright violation.
Deep Dive: Jurisprudence and legal scholarship have yet to clearly establish whether using copyrighted works for training constitutes a violation, and if AI-derived works infringe on the original rights. The crux of the issue lies in whether the use of these works for training an AI system is considered fair use or a copyright infringement. Current legal interpretations vary, and clear guidelines are still being developed.
Issue: Can a work generated by AI be considered original?
Key Point: Attribution of authorship - AI, AI developer, or the contribution of training data.
Originality: For a work to be considered original, it must reflect a minimum level of creativity.
Attribution: Several possibilities:
The question of originality and authorship in AI-generated works remains contentious. Traditionally, originality requires a modicum of creativity, typically attributed to a human. With AI, this criterion becomes challenging to apply.
Key Point: AI-generated works do not enjoy copyright protection.
Rationale: The Washington district court, agreeing with the U.S. Copyright Office, upheld that only humans can be considered authors under U.S. copyright law. Therefore, an AI-generated work cannot be protected by copyright (Thaler v. Perlmutter, No. CV 22-1564 (BAH), 2023 WL 5333236 (D.D.C. Aug. 18, 2023)).
Additional Insight: The court ruled that copyright requires direct human creative input; thus, works created entirely by AI are not eligible for protection. According to U.S. law (and many other countries adhering to the Berne Convention), only original works created by a human author are protected by copyright.
Case: Cass. civ., Sez. I, Ordinanza, 16/01/2023, n. 1107
Key Point: Measuring the human creative contribution in the generative process of a digital work.
Rationale: If the artist has managed, instructed, corrected, and consciously utilized the AI.
Deep Dive: The ruling implies that if there is significant artistic contribution in the creative process, the work can be protected by copyright.
Reflection on Current Law: Copyright laws need to adapt to new technologies.
Clear and Updated Legal Framework: There is a pressing need for a legal framework that addresses emerging AI and copyright issues.
Possible Solutions: Proposals for regulatory reform to adequately recognize and regulate AI-generated works.
As AI continues to advance, it is essential for the legal landscape to evolve alongside it. The challenges posed by AI in the context of copyright highlight the need for clear and updated laws that can effectively address these new technological realities. By fostering a legal environment that accommodates AI advancements, we can ensure that the rights of all stakeholders are protected while promoting innovation and creativity.
SOURCE: BSF - Boies Schiller Flexner Italy
Viola Meacci, student of Biomedical Engineering at the University of Pisa, has always been interested in the world of journalism. In her job, she explored the world of blockchain, cryptocurrencies, NFT and metaverse which she now very is passionate about it .
