The Copyright Problem with Emerging Generative AI

Abstract

Generative AI, a rapidly advancing field in artificial intelligence, has gained significant attention and recognition for its ability to create original and diverse content such as images, music, text, and even entire virtual worlds. Intelligence (AI) technologies, such as ChatGPT, have ushered in a new era of content creation, enabling users to produce vast amounts of original text at an unprecedented speed. By leveraging complex algorithms and deep learning techniques, generative AI systems can autonomously produce new and innovative outputs that mimic human-like creativity. However, as this technology continues to evolve and become more pervasive, it raises various legal, ethical, and societal implications. This technological advancement has brought forth a range of complex copyright issues that demand careful consideration. This paper examines the challenges and implications surrounding copyright in the context of generative AI. The study delves into the unique characteristics of generative AI, where the AI system autonomously generates creative content, blurring the lines of authorship and ownership. The concept of "originality" in the context of AI-generated works is critically examined, with a focus on the extent of human intervention and the transformative nature of the output. Furthermore, the paper analyzes the challenges posed by the lack of clarity regarding authorship and ownership, the enforceability of copyright laws, and the potential infringement risks associated with AI-generated content in context to India.

Additionally, the study sheds light on the responsibility of AI developers and platform providers, emphasizing the need for proactive measures to protect original creators and users from copyright infringement. It explores potential solutions, such as licensing mechanisms, attribution protocols, and technological safeguards, to strike a balance between promoting innovation and safeguarding copyright interests.

Keywords: Generative AI, Copyright, ChatGPT, Data Ownership