Copyright Law and Generative AI: What a Mess

Wednesday, August 30, 2023

Samuel Lewis was quoted in the ABA Journal discussing the recent surge of authors, artists, and programmers who have sued generative artificial intelligence companies for copyright violations. Currently, a group of illustrators and artists are suing Stability AI, Midjourney, and DeviantArt for copyright infringement of visual works. “To go back in time, there was at one point a question of whether a photograph, something created with a machine, was something you could create copyright in. The question fundamentally becomes what of that is protectable, what of that can be registered?” said Sam. “You could ask the AI to write up an article about a given person, and it may come back with something that is defamatory. If OpenAI is sued, it’s going to look at the customer who asked for the article to be prepared and expect them to indemnify and defend them. If you look at the terms, they’re not looking at us as customers; they’re looking at us as the product,” he said.

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