Generative AI is a minefield for copyright law; The Conversation, June 15, 2023

Robert Mahari JD-PhD Student, Massachusetts Institute of Technology (MIT), Jessica Fjeld
Lecturer on Law, Harvard Law School, Ziv Epstein PhD Student in Media Arts and Sciences, Massachusetts Institute of Technology (MIT), The Conversation; ; Generative AI is a minefield for copyright law 

"While copyright law tends to favor an all-or-nothing approach, scholars at Harvard Law School have proposed new models of joint ownership that allow artists to gain some rights in outputs that resemble their works.

In many ways, generative AI is yet another creative tool that allows a new group of people access to image-making, just like cameras, paintbrushes or Adobe Photoshop. But a key difference is this new set of tools relies explicitly on training data, and therefore creative contributions cannot easily be traced back to a single artist. 

The ways in which existing laws are interpreted or reformed – and whether generative AI is appropriately treated as the tool it is – will have real consequences for the future of creative expression."

Do Androids Dream Of Copyright Registration? – AI Art And Copyright; Dunlap Bennett & Ludwig PLLC via JDSupra, January 18, 2023

Thuan Tran, Dunlap Bennett & Ludwig PLLC via JDSupra; Do Androids Dream Of Copyright Registration? – AI Art And Copyright, Part 1

"Two big questions arise when considering AI art: 1) Can AI art be copyrighted; and 2) What about the artists who are having their art “sampled” (though some prefer “stolen”) to supply the data for these diffusion models?

The article today focuses on the first question."

AI Trained on Copyrighted Works: When Is It Fair Use?; Lexology, January 16, 2023

Diana Bikbaeva - Diana Bikbaeva, Lexology; AI Trained on Copyrighted Works: When Is It Fair Use?

"We recently published an article that got much traction about whether machine learning on copyrighted materials is fair use. We now offer a deep analysis with new ideas and suggestions on legal risk mitigation and principles for more ethical AI systems.

AI is still a relatively new, although rapidly evolving technology, and some of its legal implications (especially in copyright law) remain a gray area, creating uncertainty on its use and development.

AI and machine learning technology are not one-size-fits-all and have diverse structures and algorithms specific to the tasks they are programmed to solve. So, any discussion of the legal implications of machine learning and resulting artificial intelligence needs to avoid sweeping conclusions on the technology in general and should consider the underlying technology and its treatment of copyrighted materials on a case-by-case basis."