Copyrights vs. Artificial Intelligence. Is there any chance to protect them effectively?

We have all been affected by the euphoria connected with AI, and we have all followed the on-going discussion about our future, supported by thinking machines, which can replace us in many activities, and maybe professions as well. We can observe the media race to the news feeds about the use of generative AI. What is often left aside, however, is the inconvenient topic of legal consequences of such modifications to human work that is used to train AI, and there are many. This article addresses the issue of the clash of copyright with AI. It discusses the matters of using someone’s creative work to design AI systems, as well as the consequences of a designer’s work with AI, especially on commercial projects, including the notion of copyrights to the content generated by means of such tools, and attempts to determine when there is a chance to grant their protection. These considerations are complemented with examples of legal actions taken against suppliers of AI systems. Part of the text has been dedicated to discussing the pending regulations, especially the Act on AI. Keywords: copyright, artificial intelligence (AI), fair use

Authors

Publication Details

Journal
Formy.
Published
2024-10-25
DOI
https://doi.org/10.52652/fxyz.22.24.6
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
0.00
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article

Copyrights vs. Artificial Intelligence. Is there any chance to protect them effectively?

Jacek Markowski
Formy.
Law, AI, and Intellectual Property
article

Copyrights vs. Artificial Intelligence. Is there any chance to protect them effectively?

Jacek Markowski
article en

Abstract

We have all been affected by the euphoria connected with AI, and we have all followed the on-going discussion about our future, supported by thinking machines, which can replace us in many activities, and maybe professions as well. We can observe the media race to the news feeds about the use of generative AI. What is often left aside, however, is the inconvenient topic of legal consequences of such modifications to human work that is used to train AI, and there are many. This article addresses the issue of the clash of copyright with AI. It discusses the matters of using someone’s creative work to design AI systems, as well as the consequences of a designer’s work with AI, especially on commercial projects, including the notion of copyrights to the content generated by means of such tools, and attempts to determine when there is a chance to grant their protection. These considerations are complemented with examples of legal actions taken against suppliers of AI systems. Part of the text has been dedicated to discussing the pending regulations, especially the Act on AI. Keywords: copyright, artificial intelligence (AI), fair use

Formy.(22)
Peace, Justice and strong institutions
Openalex Percentile: Top 82%
Law, AI, and Intellectual Property
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