An increasing number of people are becoming aware of the usability of tools such as Chat GPT, DALL-E, and Midjourney. Undoubtedly, the influence of such tools is seen to be prominent in the creative realms, making it easier to turn your concepts into different forms of art by inputting the right prompts. However, the sudden increase in the usage of generative AI exposes a plethora of legal questions and issues, one such issue being the matter of copyrightability of AI-generated work.
To understand the crux of the legal issues, it is imperative to know how the generative AI model works. Generative AI does not create content ex nihilio. While it does generate outputs, it does so with the help of training data. The AI model analyzes input, processes it using its trained parameters, and then predicts the desired output.
The data used to train AI models is primarily sourced from the internet, and there is often ambiguity about whether the data used for training was subject to copyright protection. Since companies generally do not disclose these specifics, the possibility of copyright infringement in the development of generative AI is high.
Companies rely on the concept of Fair Dealing to escape legal liability. Fair Dealing permits limited use of copyrighted works for the purpose of research, criticism, and reporting without acquiring permission from the creator. However, the question remains whether a work created by AI can pass for copyright protection.
When determining the...
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