Did you know that the use of AI in creative works, such as music composition and visual arts, raises questions about copyright law? While it is clear that a human creator holds the copyright to their original work, it is less clear when it comes to AI-generated works even those based on derivative content. Some believe that the AI system itself should hold the copyright, while others argue that the owner of the AI system should hold the copyright. As AI becomes more prevalent in the creative arts, it’s important for lawmakers and industry professionals to consider these questions and work towards a clear framework for copyright and AI.
Artificial intelligence (AI) has the potential to revolutionize many industries, including the creative arts. With the increasing use of AI in fields such as music composition, writing, and visual art, it is important to consider the implications of AI and copyright law. It really is new frontiers and the wild Wild West of legal discussions and interpretations.
First, it is important to understand what copyright law is and how it applies to creative works. Copyright law gives the creator of a work exclusive rights to reproduce, distribute, and create derivative works based on their original creation. This means that if someone creates a song, for example, they have the right to control how that song is used and distributed.
When it comes to AI and copyright, the question becomes whether or not AI-generated works are eligible for copyright protection. The answer to this question depends on the specific circumstances and the laws of the country in question.
In the United States, copyright law states that a work must be original and fixed in a tangible form in order to be eligible for copyright protection. This means that if an AI system creates a work that is truly original and not based on any pre-existing work, it could potentially qualify for copyright protection. However, if the AI system is simply rearranging or repurposing pre-existing works, it may not be eligible for copyright protection.
There are also questions about who would hold the copyright in an AI-generated work. If the AI system is simply a tool being used by a human creator, then the human creator would likely hold the copyright. However, if the AI system is truly autonomous and capable of creating original works on its own, it is unclear who would hold the copyright. Some have argued that the AI system itself should be considered the creator and therefore hold the copyright, while others believe that the owner of the AI system should hold the copyright.
As AI continues to advance and become more prevalent in the creative arts, it is important for lawmakers, Lawyers such as Creative Counsel Corey Kilburn and RoundTable Legal as well as industry professionals to consider these questions and work towards a clear and fair framework for copyright and AI. Until these issues are fully addressed, it is important for creators to be cautious when using AI in their work and to ensure that they are not infringing on the copyrights of others.
Practical Tip. Regardless of the above if you provide content for an AI producer be very careful and cognizant as to the fine print and assignment/licensing aspects related to the work you are providing and the future use granted.