AI and Intellectual Property: Copyright Infringement

As a patent attorney, I am always interested in the way new technologies affect my clients and colleagues in the legal arena. The rapid advancement of AI has brought significant implications for existing copyright laws, pushing legal professionals and policymakers to reassess long-standing principles in light of these new considerations.?

In my newest series of posts, I will address some of the challenges and opportunities we have already begun to encounter in this new frontier of AI.?

Copyright Infringement Challenges

The integration of AI into various creative processes has raised complex questions about the nature of authorship and ownership. Courts around the world are now grappling with how to apply existing copyright laws to AI-generated content. Some key issues that have arisen in recent years include:?

• Determining the extent of infringement seen in AI-generated works.

• Establishing clear guidelines for the rights of use for AI-created content.

• Defining ownership of AI-generated works.

• Reevaluating the legal definition of a “derivative work” as it relates to AI.?

Fair Use Doctrine and AI

The fair use doctrine, a longstanding principle in copyright law, must now be interpreted to apply to AI in novel ways. The fair use doctrine traditionally allows for limited use of copyrighted material without permission as long as it is being used for purposes such as criticism, commentary, news reporting, teaching, and research.

Of particular relevance in AI copyright cases is the concept of "transformative use." This principle, which allows for the repurposing of copyrighted material in a manner not originally intended, is being scrutinized in the context of AI-generated works. The question arises, to what extent can AI-generated content be considered transformative, and how does this impact copyright claims?

Relevant Legal Cases?

Several legal cases are currently shaping the future of AI and copyright law.?

1. Doe et al. v. GitHub, Inc. et al.

This groundbreaking class action lawsuit accuses Microsoft, GitHub, and OpenAI of "software piracy on an unprecedented scale" through their AI-powered coding assistant, GitHub Copilot. The case highlights the complexities of training AI on public code repositories and the potential infringement of open-source licenses.

2. Andersen v. Stability AI et al.

In this case, graphic artists have sued multiple generative AI platforms for using their original works without proper licensing to train AI systems. The lawsuit brings to light concerns about unauthorized creation of derivative works, as well as the need for clear guidelines on using copyrighted material in AI training datasets.

3. Silverman et al., v. OpenAI Inc et al.

This class-action lawsuit, featuring comedian and author Sarah Silverman, alleges that OpenAI and Meta have infringed on copyrights by using protected works to train their AI programs. While some claims have been dismissed, the case continues to evolve, with a direct copyright infringement claim progressing to the discovery phase and an unfair competition claim being allowed to proceed.

Closing Thoughts?

Looking ahead, it's clear that new legal frameworks and guidelines will be necessary to address the unique challenges posed by AI in the realm of copyright law.?

The journey ahead may be challenging, but I believe it also presents opportunities to reshape our understanding of creativity, authorship, and intellectual property in the age of artificial intelligence.

Stay tuned for the second article in this series where I’ll explore the relationship between patent law and ownership issues surrounding generative AI.?