Copyright is proving to be the battleground on technological and
which the technological and cultural shift around Generative
Artificial Intelligence (GenAl) is being fought. At present, there
is no clear international consensus on what, or to what extent,
content produced entirely (or largely) by GenAl tools like Chat-
GPT. Midjourney and DALL-E 2 is protectable as a matter of
copyright, or at all. This uncertainty creates risks for those
looking to acquire or license rights in content, including as
produced by employees and independent contractors. To reduce those
risks, those who produce, acquire, or licence content would be well
advised to consider contract terms that speak to the scope of
permitted GenAl use, and disclosures surrounding such use when
made.
