The AI industry is facing increasing scrutiny over potential copyright infringements, sparking a war with creatives. Courts are grappling with whether AI-generated content can be copyrighted and if AI developers are liable for using copyrighted materials to train their models. A US court has already ruled that AI-generated works without human input cannot be copyrighted, dealing a blow to the AI art industry, but AI-generated artworks are still selling for millions.
Several lawsuits have been filed against AI companies like OpenAI, Meta, and Midjourney, alleging unauthorized use of copyrighted content. These cases question whether using copyrighted materials for AI training falls under 'fair use'. Some argue AI-generated outputs closely resemble existing copyrighted works, undermining the fair use argument. The Financial Times suggests a market-based approach with legal licensing of AI training data to ensure consent and compensation for creators.
China has taken a progressive stance, recognising copyright protection for AI-generated images demonstrating originality and human intellectual effort. They also mandate clear labelling of AI-generated content, holding AI companies liable for misinformation. As AI tools advance, distinguishing between human and machine creativity becomes harder, forcing courts and lawmakers to rethink copyright laws.
