There has been a lot of news and dicsussion about artifical intellgence (AI). The Economist in a recent article predicts that "Generative artifical intellgience (AI) will transform the workplace," eventually affecting 40% of jobs (March 2, 2024), but issues of copyright may impact this.

Three issues have arisen in the discussion of copyright and AI, which can be listed in the following three questions::

  • Is there copyright protection for generative AI outputs?
  • Do works copied to train AI technology infringe on copyritht?
  • Can works generated by AI infringe upon the copyright of works that were used to generate the outputs?

These questions are very pertinent to what is currently happening. The U.S. Copyright Office is already receiving and examining applications to claim copyright for AI-generated material, with AI as the author or as co-author. Courts are hearing lawsuits in all three of these areas. 

For a timelyy and brief overview of trends in the U.S. court system, US Law Week has a pertinent article, "Copyright Liability for Generative AI Pivots on Fair Use Doctrine." For more information and an overview of varying opinons on the matter, the Congressional Research Service has recently published the report, "Generative Artificial Intelligence and Copyright Law."

If you would like to read more of the discussion, the Copyright Office collected public feedback near the end of last year. Those comments are available at Regulations:  Artificial Intelligence and Copyright.