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ARTICLE · 28 SEPTEMBER 2023

Does Copyright Protect Original Work From AI-Generated Content?

Keystone Law
Keystone Law
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Keystone Law

Keystone Law

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There has been no ‘summer lull' in the debate over how AI will alter, improve, or destroy humanity; particularly, the challenge posed by AI to original creative content looms large.

United KingdomIntellectual Property

There has been no 'summer lull' in the debate over how AI will alter, improve, or destroy humanity; particularly, the challenge posed by AI to original creative content looms large.

In the US, the Screen Actors Guild and Writers Guild of America are striking over an absence of assurances from studios as to controls on the use and influence of AI content generation in the entertainment industry.

In the UK, the issue of whether an AI artwork generator could potentially infringe copyright in existing original creative content is currently being litigated in the High Court.

What is the threat posed by AI to copyright?

To generate new content, AI software first needs to 'learn' and to do this, and it requires access to vast quantities of original works (data, images, audio, text and video). For example, if it is asked to generate a 'Parisian romantic scene', AI software must learn, by searching, sorting and analysing millions of existing artworks.

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