Dall-E, Midjourney, ChatGPT and more riding the AI wave, but 3 key legal issues roiling the space
Dall-E, Beatoven, and Midjourney - these pun-filled and poetic-sounding applications have suddenly become household names in the last year or so, along with ChatGPT, which is perhaps the most popular. Generative Artificial Intelligence (GAI) has captured the imagination of individuals and businesses alike – enabling (artificial) creativity at a scale which was largely unheard of. Text, images, music, videos, 3D printing – you name it and these applications are capable of producing fairly impressive outputs (although they are still far from perfect).
GAI is all about creativity and the first obvious question that it throws up is regarding intellectual property. On one hand, there are allegations of GAI's training procedure infringing on existing copyrighted works. GAI are typically trained on vast amounts of existing data on the internet. This may involve articles, news pages, image websites (and even entire e-books as per some reports), all of which are potentially copyrighted works. Numerous lawsuits have already been filed in the US claiming copyright infringement by GAI developers during the training process. The training process does not necessarily involve taking consent or licenses from all authors leading to concerns about authors' autonomy over their work. While training of GAI will involve making copies of and storing existing copyrighted works, whether or not this amounts to infringement may depend on factors such as fair use principles, commercialization of GAI, the extent of infringement of existing works, the creativity involved in the output and threat to the market of the original work.
The other side on the IP front is of course the authorship of GAI outputs, and whether GAI outputs can qualify as
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