Artificial Intelligence Clashes with Copyright

Nov 7, 2023 ·

Artificial intelligence (AI) is increasingly being used by artists to create artwork, but this development has raised questions about copyright. In particular, the potential for AI-generated works to be deemed as infringing upon existing copyrighted works is a major concern.

AI works are created autonomously or with minimal input from a human creator. This means that AI can generate novel content which may resemble existing works and, in some cases, even replicate them. The legal basis for copyright protection applies to the expression of an idea, not simply the idea itself. Therefore, the question remains whether AI-generated works should be protected by copyright.

On one hand, AI-generated works are autonomous creations. There is no human author to claim copyright protection and this presents a challenge for copyright enforcement authorities. On the other hand, copyright law seeks to protect creators’ economic rights, so preventing AI from creating works which infringe on existing copyrights could prove beneficial to creators.

At present, there is no clear consensus on how to protect creativity and innovation in the context of AI-generated works. However, a few proposals have been made, such as allowing authors to register their works with a ‘copyright monitor’ or using blockchain technology to record authorship.

In conclusion, the use of AI to generate artwork poses difficult questions for copyright protection. Without clear solutions, it is likely that AI-generated works will continue to infringe on existing copyrighted works. Rights holders must stay vigilant and understand the implications of AI-generated works so that their rights are fully protected.