ABSTRACT
This article shows how new copyright issues related to works produced with AI cannot be adequately resolved under old IP schemes. After reviewing the traditional theoretical justifications for copyright, it illustrates how they have influenced the dispersed and disconnected configuration of certain rights in favor of the author. Some recent cases related to works produced with AI highlight how this fragile scheme of author protection is crumbling. In this context, the article proposes to establish a more robust foundation for copyright, not based on the rights of the author, consumer, society, or audience, but on the right to dialogue of all stakeholders. With this background, the open cases against the AI applications for copyright infringement are reassessed, concluding that the parties are entitled to some of their claims, though not all. Under certain conditions, these tools can be legitimately used, fostering a fruitful and transparent social dialogue.
Juan Carlos Riofrio, Refounding Copyright in the Right to Dialogue. Consequences for ChatGPT and Other Artificial Intelligence Services, 24.1 University of Illinois Chicago Review of Intellectual Property Law 25 (2024)
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