Generative AI's Output: How Is It Created, And What IP Rights Should It Receive?

Generative artificial intelligence (AI) first performs broad, deep training on human-created materials, then, when given a prompt, can produce "original" works as output. Examples include ChatGPT (text), Stable Diffusion (images) and Video Diffusion (video).

Various disputes have arisen over generative AI. Sarah Silverman and others have brought a suit against OpenAI (producer of ChatGPT) for allegedly training its model on their creative works, and Getty Images has brought a suit against Stability AI for allegedly using the company's images to train a Stable Diffusion AI model. These suits allege copying at the AI's first step: absorbing human-created creative materials as input during its model training. Put simply, these suits are focused on the AI's alleged copying of materials as input.