AI and Artworks: Legal and Technical Issues

Abstract

The issue of intellectual property rights protection connected to AI development is a new and difficult road for the law to tread. Unprepared, and at times unequipped to handle the extremely rapid development of AI, in particular generative AI, lawmakers are just now beginning to investigate the concerns of artists and creative workers. This new wave of AI regulation, such as the incoming EU AI Act and the US' AI "Bill of Rights," partially stems from turbulent lawsuits and recent social media battles between creators, finding their work at risk of rights violations, and private AI firms. In this climate of uncertainty about the future of artificial and human artwork, I pose an exploration into the basics of copyright and AI.

This paper seeks to provide an overview on the roots of these two connected fields: generative AI and intellectual property. The first part focuses on the birth of generative AI and the question of originality and creativity, one that is often posed when discussing AI-generated artwork, being crucial for the application of copyright: is AI original in its creations?

The second part explores the legal basis for copyright protection and highlights some important theories proposed by experts in the field, how they apply to AI and how the concept of authorship applies to artificial artwork. Finally, in the third part, I study some important precedents and provide my review on their relevance to the issue at hand.

Keywords: Generative AI, intellectual property, copyright, AI copyright, generative AI

JEL Classification: O34, Y40