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ARTICLE · 10 MARCH 2023

Generative AI Class-Action Litigation: Us And Eu Perspectives

Timelex
Timelex
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Chances are you have already interacted with generative AI – whether by prompting ChatGPT to write a poem about the unbearable lightness of being on a Thursday night, or by generating images of "Pikachu riding a horse in Tuscany, ukiyo-e style" with Dall-E.

European UnionIntellectual Property
Siyanna Lilova
Siyanna Lilova
Pedro Demolder
Pedro Demolder

Chances are you have already interacted with generative AI - whether by prompting ChatGPT to write a poem about the unbearable lightness of being on a Thursday night, or by generating images of "Pikachu riding a horse in Tuscany, ukiyo-e style" with Dall-E. Generative AI systems like ChatGPT, Dall-E, and many of the like work on the same principle. They are trained on existing creative works (e.g., images, videos, text, software code) and then remix them to derive more works of the same kind.

2022 was the year when generative AI gained wide popularity, not only for entertainment but also for its potential professional applications. Nonetheless, a lot of legal uncertainty is still involved in relation to AI input and output and - in particular - their compliance with copyright law. This article focuses on two class-action lawsuits in the US against two different types of generative AI systems. These lawsuits are important because they could provide clarification as

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