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ARTICLE · 08 MARCH 2023

Generative Artificial Intelligence Models: Not Necessarily A Matter Of Copyright

Global Advertising Lawyers Alliance (GALA)
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In recent months, the topic of AI has gone mainstream, and we have learned that after a generative artificial intelligence model has "read" and "digested" thousands of pieces of content...

GlobalIntellectual Property

In recent months, the topic of AI has gone mainstream, and we have learned that after a generative artificial intelligence model has "read" and "digested" thousands of pieces of content, e.g., text or images (that may or may not be protected by copyright law), it can autonomously produce seemingly creative output.

The first question to be answered is whether works generated by artificial intelligence can be considered works protected by copyright law.

The second question, which need only be answered if we agree that AI-generated works can be protected by copyright, is how to identify the author of an AI-generated creative work. Is it the AI? Is it a human being? If so, who among the multiple actors involved in the creative process should be considered the author?

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