ABSTRACT
Artificial Intelligence continues to be a contentious and multi-faceted legal issue. Numerous authors and artists have launched cases against generative AI claiming infringement . On the other side of the issue, creators using AI have launched their own cases seeking copyright protection for their works. First, it is instructive to look at some of the basic copyright issues surrounding AI and a re-cap of how generative AI has come into conflict with copyright. There are three essentially issues in this context: are AI generated works copyrightable, does data used for building Large Language models infringe copyright, and what are the public interest ramifications in the context of copyright? Next, the paper will examine the current cases in which artists are in conflict with AI to help to contextualize those copyright issues. As mentioned, there are also those who want fewer restrictions on AI generated works for educational and accessibility functions which will be elaborated on in the third section. Finally, the paper will examine potential neutral ground solutions upon which both sides of the argument could benefit, whether through copyright exceptions or mandatory royalties and licensing.
Macklem, Lisa, Another Balancing Act: Is Artificial Intelligence a Creative Catastrophe or an Artistic Asset? (August 8, 2024).
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