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Ai Challenges A Core Tenet Of Traditional Intellectual Property

WEB Generative Artificial Intelligence and Copyright Law

AI challenges a core tenet of traditional intellectual property

Generative artificial intelligence (AI) is a stress test for copyright law. When is AI a mere tool, and when is it a creator in its own right? This question is at the heart of a new paper by legal scholars Ryan Abbott and Michael Madison. They argue that generative AI challenges a core tenet of traditional intellectual property law: the idea that only humans can be authors.

New generative AI models, including large language models and image generators, have created new challenges for copyright law

In the past, copyright law has focused on protecting the rights of human authors. But generative AI is blurring the line between human and machine creativity. This is raising new questions about who owns the copyright to works created by AI and how existing copyright laws can be applied to these new technologies.

Two specific issues arise from the interaction between copyright and generative AI. The first is the question of authorship. Who is the author of a work created by AI? Is it the person who created the AI, the person who trained the AI, or the AI itself? The second issue is the question of originality. Is a work created by AI original enough to be copyrighted? Or is it simply a derivative work of the data that the AI was trained on?

These are complex questions that will likely be debated in courts for years to come. But one thing is clear: generative AI is challenging the traditional understanding of copyright law. As AI becomes more sophisticated, we will need to develop new ways to think about the ownership and protection of creative works.


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