Publishing attorney discusses challenges the copyright law is facing in the age of AI

Generative artificial intelligence is rapidly changing the way we create and consume content. But what does this mean for copyright law?

Lloyd Jassin is a publishing attorney and coauthor of The Copyright Permission & Libel Handbook.

He has just published an interesting article in Publishers Weekly, where he talks about how generative artificial intelligence challenges copyright law.

Generative artificial intelligence (GAI) is a type of artificial intelligence that can be used to create new content, such as text, code, and images. GAI-generated content can be similar to copyrighted works, but it is not clear whether this constitutes copyright infringement.

Copyright law is designed to balance the interests of creators and the public. Creators have the right to control how their work is used, but the public also has the right to access that work.

However, AI robots and computers can copy ideas and facts from public websites without violating copyright law.

💬 For AI output to infringe upon a book, it must have taken a substantial amount of copyrightable expression from the author’s work.

The fair use doctrine may protect some GAI-generated works, but this is a complex and evolving area of law. Ultimately, courts will need to decide on a case-by-case basis whether GAI-generated works infringe on copyright.

Lloyd Jassin concludes by arguing that we need to develop new copyright laws that are adapted to the age of GAI. These laws should balance the need to incentivize creativity with the public’s interest in accessing information.

Source: Generative AI vs. Copyright – Publishers Weekly

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