Riddhi Setty and Isaiah Poritz , Bloomberg Law; ‘Wild West’ of Generative AI Poses Novel Copyright Questions
"Artist Kris Kashtanova became the first person to register a copyright for an artificial intelligence-assisted work in September, for an 18-page comic book called “Zarya of the Dawn” that was created with the AI art program Midjourney.
In recent weeks, however, Kashtanova said the Copyright Office wants to revoke the registration because it had overlooked the use of AI in the creation of the comic.
The rapid rise of artificial intelligence applications has left the burgeoning industry reckoning with how the powerful new technology interacts with copyright laws that govern everything from source code to art prints. The legal landscape is far from clear, with both the creators of AI tools and the artists who use them confronting copyright questions that haven’t yet been answered.
“It’s like the wild west right now,” said Ryan Abbott, an attorney at Brown Neri Smith & Khan LLP.
In what appears to be the first copyright infringement suit against the creator of an AI program, research company OpenAI Inc.—which has created a number of AI programs including generative art program DALL-E—was hit with a class action earlier this month by two software developers who said another OpenAI program called Copilot unlawfully duplicates their code without the proper license or attribution."
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