AI and Copyright: What Users Need to Know*

Introduction

Artificial Intelligence (AI) is revolutionizing various sectors, including the creative industry. But what does this mean for you as a user of AI technologies? In this article, we'll delve into the current legal landscape surrounding AI-generated works in the European Union (EU) to help you understand your rights and responsibilities.

The Human Touch in Copyright

Both the U.S. and the EU require a "human touch" for a work to be copyrighted. According to the EU Copyright Directive[^1^] and the Berne Convention[^2^], a work must have human authorship to be eligible for copyright protection. This means that works solely generated by AI are not protected by copyright and are considered to be in the public domain.

What Constitutes "Solely Generated by AI"?

The term "solely generated by AI" refers to works created without any human intervention or creative input. For example, if you ask ChatGPT to generate a prompt for "a butterfly flying between the stars" and then use that prompt in Midjourney to generate an image, the work would probably not be considered "solely generated by AI." This is because you provided creative input by specifying the prompt. Therefore, the generated image would likely be considered a collaborative work between you and the AI, and you would in all likelyhood own the copyright to the human-authored elements[^4^].

Your Rights and Responsibilities as a User

1. Fair Use vs. Exceptions and Limitations: In the EU, copyrighted materials can be used for training AI models under specific conditions, known as "exceptions and limitations" to copyright[^3^].
2. Human-AI Collaboration: If you create a work that contains both human-authored and AI-generated elements, the human-authored elements can be copyrighted[^4^].
3. Ethical Considerations: Be cautious when using copyrighted material in AI training data, especially in the EU where GDPR could have implications[^5^].

Legal Challenges and Future Outlook

Legal challenges like Thaler v. Perlmutter in the U.S. are pushing for a change in copyright law to include AI-generated works[^6^]. In the EU, there is ongoing debate but no definitive legal stance yet[^7^].

Conclusion

The legal landscape surrounding AI and copyright is complex and ever-evolving. As a user of AI technologies, it's crucial to understand your rights and responsibilities to navigate this legal maze effectively.

*Disclaimer

This article is intended to serve as a guideline and should not be considered as legal advice. The legal landscape surrounding AI and copyright is complex and subject to change. For specific legal advice, consult with a qualified legal professional.

References

1. EU Copyright Directive
2. Berne Convention
3. EU Copyright Exceptions and Limitations
4. Human-AI Collaboration in Copyright
5. The Impact of the EU's New Data Protection Regulation on AI
6. Thaler v. Perlmutter
7. EU Commission's Stance on AI and Copyright

Further reading:

- Monkey selfie copyright dispute - https://en.wikipedia.org/wiki/Monkey_selfie_copyright_dispute

- Can the monkey selfie case teach us anything about copyright law? - https://www.wipo.int/wipo_magazine/en/2018/01/article_0007.html

- Monkey selfie case: judge rules animal cannot own his photo copyright - https://www.theguardian.com/world/2016/jan/06/monkey-selfie-case-animal-photo-copyright

- Judge Rules Content Generated Solely by AI is Ineligible for Copyright — AI: The Washington Report - https://www.natlawreview.com/article/judge-rules-content-generated-solely-ai-ineligible-copyright-ai-washington-report

- Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output? - https://link.springer.com/article/10.1007/s40319-021-01115-0

- Generative AI Has an Intellectual Property Problem - https://hbr.org/2023/04/generative-ai-has-an-intellectual-property-problem

- AI-Generated Content and Copyright Law: What We Know - https://builtin.com/artificial-intelligence/ai-copyright

- Artificial Intelligence (AI) and Copyright - https://copyrightalliance.org/trending-topics/artificial-intelligence-copyright/

- Is AI-Generated Output Protected by Copyright? - https://copyrightalliance.org/faqs/is-ai-generated-protected-by-copyright/

- Who Owns the Copyright to AI-Generated Works? - https://copyrightalliance.org/faqs/artificial-intelligence-copyright-ownership/

- The art of artificial intelligence: a recent copyright law development - https://www.reuters.com/legal/legalindustry/art-artificial-intelligence-recent-copyright-law-development-2022-04-22/