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"What impact will the new copyright law have on content generated by AI?"
The European Union has agreed on a new copyright law that requires companies deploying generative AI tools to disclose any copyrighted material used to develop their systems.
The US Copyright Office has launched an initiative to examine the copyright law and policy issues raised by artificial intelligence (AI) technology.
Some commentators argue that AI-generated works should receive copyright protection, citing that AI programs are like other tools that human beings have used to create copyrighted works.
However, others ask whether AI-generated material can be copyrighted, and whether creativity and originality are required for copyright protection.
The Copyright Office has issued guidance accepting that works "containing" AI-generated material may be copyrighted under certain circumstances, such as "sufficiently creative" human arrangements or modifications of AI-generated material.
The new law focuses specifically on "generative AI," which it defines as technologies that "train" on vast quantities of preexisting human-authored works and use inferences from that training to generate new content.
Many of these AI technologies generate new content based on patterns learned from large datasets, but it's unclear whether these patterns constitute originality.
The law may be turning things upside down by considering copyright for prompts, as current law makes it very difficult if not impossible to copyright AI-generated content.
The US Copyright Office has issued guidance on registration of works containing AI-generated content, which includes specific requirements for disclosing the inclusion of AI-generated material.
Generative AI is revolutionizing content creation, posing new challenges to copyright law, as AI can produce content reminiscent of human-made work, raising questions about authorship and originality.
Current copyright laws conceived in a predigital era don't recognize AI as an author, usually granting rights to the human operator behind the AI.
It is unclear whether AI-generated content can be copyrighted, as it may lack the human touch and creativity required for copyright protection.
The new law may create a dilemma for creators who rely on AI tools, as they may struggle to comply with the disclosure requirements for copyrighted material.
The fair use doctrine may apply to AI-generated content, allowing for limited use of copyrighted material without obtaining permission.
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