Should We Ban Generative AI, Incentivise it or Make it a Medium for Inclusive Creativity?

Abstract

A pressing question emerges regarding the future of generative AI and Large Language Models (LLMs) – and, consequently, the future of copyright policy: should we impose a complete prohibition on this technology or contemplate a temporary pause in its development? Moreover, what is the most effective way to create a regulatory framework to oversee its application? This chapter examines the influence of AI, such as Dall-E, Jasper, or ChatGPT, on the creative landscape and the manner in which creative outputs may be impacted by AI. This constantly evolving technology caters to a wide range of purposes and could potentially supplant humans in all areas, including the previously inherently human domain of creativity. On the one hand, this Chapter will devote significant attention to contextualise the emergence of Generative AI within an innovation policy perspective. On the other hand, the chapter will explore potential effects of Generative AI on the market for creativity in order assess policy options. In particular, the introduction of incentives to encourage innovation and commercialization of AI-generated creativity might affect the future of human creations and creators alike. Ultimately, this article will offer a series of recommendations to mitigate the anticipated disruption to the creative market resulting from AI-generated creativity, with emphasis on inclusive statutory remuneration models for human authors.

Keywords: ChatGTP, Dall-E, OpenAI, Stability AI, Generative AI, Artificial Intelligence, Regulation, Law, Copyright, Policy Reform, Inclusivity