Copyright vs GenerAIght

Copyright vs GenerAIght

Generative AI gained special fame in the world of Copyright Law following the development and outcome of systems such as “large scale machine learning,” “large language model,” and “data scraping”; it was also linked to the area of related rights as a result of AI tools that impact the world of musical and artistic interpretation, such as “voice impersonation,” which also extends to image rights. The technology has evolved to a level where many suggest that “computers, machines” could act as “authors or creators.” In the past biennium, the discussion about the unauthorized use of content to “teach machines” and allow them to “create” based on that learning, as well as the debate about the quality of “author” of a “computer,” has been raised to courts; in rulings issued in important jurisdictions, the prevailing view has been that “works” generated by Generative AI are not eligible for protection under copyright law, based on the essential requirement of human authorship. It is a fact that the increasing use of Generative AI tools will inevitably lead to multiplying disputes and questioning whether the issue of human contribution in the generation of “works” through such tools is a matter of degree—qualitatively and quantitatively—and how to measure it. The panelists will present a current perspective on the core points of conflict, the arguments raised for and against the “copyright of Generative AI,” the criteria that the courts have been establishing, and they will provide their opinion on the possibility of drawing lines that enable the protection of “works” resulting from Generative AI and on the present and future of Copyright and Related Rights.