ABSTRACT
Generative Artificial Intelligence (GenAI) has emerged as one of the most transformative and disrupting technologies ever seen. It is capable of autonomously producing very realistic, unique and aesthetic outputs. While this innovation offers clear benefits and opportunities, human creativity and artistic professions, although providing fundamental avenues of communication and social change, are endangered by the ability of GenAI to produce an infinity of high-quality outputs on demand. Moreover, Big Tech Companies have secured an unequal access to the different resources needed to develop and deploy this technology, which risks exacerbating the substitution and marginalization of human artists. In this context, the European Union (EU) may leverage its ‘Brussels effect’ to influence the global regulatory landscape in the field of Copyright Law. Indeed, this field of Intellectual Property law has continuously influenced technological advances, and the rise of GenAI offers a golden opportunity for the EU to revisit the philosophical foundations of its Copyright Law framework and perhaps improve it to better address contemporary challenges such as the rise of GenAI. By establishing a strong author-centred Copyright Law framework, notably regarding the use of protected works and the protectability of works, the EU has a chance to foster human creativity and empower human artists in the face of the various challenges posed by GenAI.
Apraxine, Vladimir, EU Copyright Law as a Catalyst of Change: Empowering Artists and Fostering Human Creativity Amidst the rise of Generative Artificial Intelligence (August 15, 2024).
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