Artificial intelligence-powered image generators, chatbots, and other applications have exploded in popularity in recent weeks, scraping data from all over the internet to produce texts, images, music, and other forms of media. In training AI models on copyrighted data, though, two particular problems arise.The first is whether copyrighted data can be used to train a bot to generate text or images. The second, conversely, is whether an AI-generated product can be copyrighted.
The courts will have to be the ones to determine how existing intellectual property law applies to AI and in what context.The AI art generators Stable Diffusion and Midjourney were targeted in a January 2023 lawsuit by a series of artists who alleged that the bots had infringed the rights of millions of artists. The suit is"another step toward making AI fair & ethical for everyone," said Matthew Butterick, who represents affected artists.
A core legal principle behind many of the cases is the notion of"fair use," a concept in copyright law by which a property can be used in limited quantities if it is for specific purposes, such as"commentary, criticism, news reporting, and scholarly reports." Companies such as Stability AI and OpenAI have argued that their use of images comes under fair use because it is not a direct use of the photos and is a truly"transformative" practice.
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