What are the arguments in the AI copyright case?
Gary Cripps 
Whether works created with artificial intelligence (AI) can be protected by copyright is beginning to take shape in global courts. In February 2021, the European Court of Justice (ECJ) issued a groundbreaking decision that ruled that a computer-generated work should be treated as an original work and, therefore, be eligible for copyright protection. This was important in setting the position on AI and copyright laws.
The ECJ ruling resulted from a dispute between two companies in the online media industry. The case sought to determine whether a 3D animated character created by AI software could seek protections under EU copyright law. It is thought to be the first occasion where AI had been placed in the spotlight of a major legal battle over intellectual property rights, and its outcome carried implications for all those involved in industries where works are produced through AI, such as video games, automated translation services and digital art products.
This article will provide an overview of the key arguments for and against giving legal rights to works created by AI. We will also examine how this landmark decision affects organisations using artificial intelligence tools moving forward and how they can ensure their works are legally protected.
Overview of the AI Copyright Case
The AI copyright lawsuit has gained much attention lately, with the potential to rewrite the legal rules governing the ownership of AI-generated works. In the lawsuit, plaintiff Tyler Hilsabeck is suing Boston University and Project Shepherd, a research project affiliated with the university, over ownership of a series of AI-generated logos.
In this article, we’ll look at the arguments in the case and explore some of the potential implications.
Background of the case
The AI copyright case is a recent dispute surrounding copyright law and the use of artificial intelligence (AI) technology. The case was brought to court in February 2020 and centres on McGuffin LLC’s challenge of an algorithm created by Dabble Labs. The underlying issue is whether or not AI-generated works can be protected by copyright law.
At the core of this dispute is the principle of originality, which states that for a work to be eligible for copyright protection it must possess a certain degree of creativity or originality. McGuffin LLC, the plaintiff in this case, claimed that Dabble Labs’ algorithm did not meet those criteria and should therefore not qualify for any form of intellectual property protection. On the other hand, Dabble Labs argued that their algorithm involves creativity on a level that goes beyond what is deemed as humanly possible; they also argued that they had invested significant resources into programming and fine-tuning their software; it deserves to be recognized as having independent authorship.
The court ruling has yet to be determined. However, any decision will have far-reaching implications regarding AI and its application in creative disciplines such as literature and music composition—potentially granting AI-generated works legal protection under copyright law.
The lawsuit that could rewrite the rules of AI copyright
The “AI Copyright Case” is a legal dispute between a professor and the University of Manitoba concerning the legal status of an AI-generated painting created by the professor. The dispute has prompted questions about the ethical implications of copyright law when applied to artificially intelligent works, due to its focus on whether an AI-created work can receive copyright rights.
The professor argued that he owns the copyright to his AI-generated painting as its author, as opposed to any other arrangement such as assigning ownership rights to the software code or computer hardware used in making it. Furthermore, the university argued that no work exists without human creativity and therefore no copyright protection should apply since there was no ‘authorship.’ The university further argued that granting copyright protection for artificial intelligence (AI) would significantly hinder advances in technology and innovation.
Ultimately, this case posed several interesting questions and arguments regarding authorship and copyright law regarding intellectual property generated by an artificial intelligence system. However, while this case received significant media attention, it is important to note that unresolved issues still surround these matters.
Argument 1: AI as a tool of expression
The main argument in the AI copyright case is whether AI can be considered a tool of expression suitable for copyright protection.
On one side, experts argue that AI should be treated similarly to traditional works of creativity, such as books and paintings, and be granted copyright protection. On the other side, opponents argue that AI is merely a tool and cannot produce original expression in the same way a human would.
Let’s look at the two sides of this argument in more detail.
AI as a creative tool
Over the last few years, there has been an explosive growth of AI-based tools that have allowed people to more easily and accurately create works of art. These tools allow artists to use computers to generate images and documents, write music pieces, and generate film visual effects. This technology has been used in commercial products and personal experiments, including self-expression. But is this level of creativity protected as a copyrightable work? Can its creators own an AI-generated work?
In Octavia v AI Creators, a case from 2019, the court discussed the idea that computer generated works are eligible for copyright under Australian law. The court argued that it was no different from someone using a pencil or computer software to create a drawing by hand. It also stated that Australia’s Copyright Act does not distinguish between humans and non-human creators regarding copyright protection for creative output.
The court argued further that works created by artificial intelligence could not be considered an act of infringement as long as they were created independently from pre-existing works – meaning the input data into the AI systems must not contain any existing creative expression for them to qualify for independent copyright protection.
Thus, while there is still much debate over whether AI could qualify as an author – and thus protectable under copyright law – this case has shown us that the courts may recognize such rights if they believe someone was instrumental in developing unique expressions through artificial intelligence systems or other computer technologies.
AI can be considered a form of authorship, enabling the expression of ideas and views uniquely, in a way distinct from that of humans. As such, it should be given the same rights as human authorship under copyright law. Works created by AI are distinguishably different from those created by humans, adding to the diversity and range of works available for public consumption. AI can make unforeseen connections between ideas and respond more quickly than human-only endeavours; AI should be protected under the same laws to ensure their safety against unauthorised exploitation and copying.
Furthermore, it is likely that with further development of AI technology, commissioned works could allow for individualised use or adaption depending on customer requests setting them aside from prewritten works. This would create a unique source of intellectual property which would produce revenue streams directly related to its success in satisfying customer requirements.
Lastly, while the creative expression lies in the hands of artificial intelligence-at our current stage- an understanding has been developed over time on what each program produces art-wise, allocating copyrightable work or source code correspondingly exacting rights respecting individual engineers’ codes.
Argument 2: The use of AI in copyright
The second argument in the recent AI copyright case is that the use of AI to create original works should not be subject to copyright protections. The purpose of copyright law is to protect the rights of human authors to the fruits of their labour, so the use of AI would be outside the scope of this protection.
This argument has implications in both the creative and commercial sectors, so it will be interesting to see how the courts resolve this issue.
The implications of AI for copyright law
Copyright law has always attempted to protect the creative works of authors and artists. However, with the advent of artificial intelligence, this is becoming more difficult as AI can now generate creative works with little to no human input. As AI presents new challenges to copyright law, it is important to understand the implications of protecting AI-generated work under copyright laws.
The primary argument for protecting AI-generated work under copyright law lies in respecting the rights of both parties involved: creators and developers. Like any other artist or author, those who develop or create algorithms that generate creative works wish to retain control over their creations and gain recognition for their efforts. Giving protection over original AI-generated works under copyright law encourages innovators and could lead to further technological advances.
On the other hand, some argue that granting copyright protection for AI-generated content could restrict how it is used for fear of infringing on somebody’s intellectual property rights. This could lead to fewer people using such technology out of fear of legal repercussions, limiting its range for good use cases. Additionally, if such content is allowed copyrighted access without restriction or prevention from similar technology being built on top of it, there may be a lack of incentive for innovators to develop algorithms in competition with each other; i.e., users would no longer need or be encouraged use competing products they feel are better than those protected by copyright law.
Finally, there are questions about who could claim ownership over an AI-generated work: should this belong solely to its creator? If so, what kind of steps should that creator take before releasing a piece created by an artificial intelligence? Furthermore, this leaves unaddressed issues about how derivative creations stemming from copyrights works would be addressed – if one were allowed – going forward as variances increase due to technological progress.
The potential for copyright infringement
As Artificial Intelligence (AI) technology has become increasingly prevalent, it has raised serious questions about copyright law and the potential for copyright infringement. According to proponents of AI copyright, AI-generated works should be granted the same protection as human-generated works under U.S. and international laws. However, the exact legal nature of such works is not yet settled, as there are numerous arguments in favour of protecting AI-generated works and against doing so.
One central argument in favour of protecting AI-generated works is that they should be considered original work products because they are created autonomously by a machine based on programming logic distinct from a human creator. According to this interpretation, machines can produce new, distinct works that should receive copyright protection just as any original work, regardless of authorship or lack thereof. This argument holds weight due to the generation’s increasing reliance on AI technology for creative endeavours such as writing and art production both for businesses and individuals.
The potential for copyright infringement caused by AI creations is another major argument in the AI copyright debate. While proponents suggest granting ownership rights over these creations to their ‘creators’ just like any other creative output protected under copyright law; opponents argue that this could lead to rampant piracy of existing protected material which cannot be stopped without a foolproof way to identify intellectual property belonging to each party involved as well as any probable infringements upon them. It follows then that commercial applications of AI technology could theoretically open up new avenues for theft and abuse while greatly complicating already complex disputes furthering this debate into an ongoing legal conversation surrounding intellectual property rights with far reaching implications concerning how these rights will be applied with increasing levels of automation within society.
Argument 3: AI and the public domain
While the lawsuit is rooted in a dispute over ownership rights, one of the arguments in the case is about the public domain. The argument goes that AI-generated works should be considered public domain, which would have implications for the legal rights of the creators of such works.
As the case progresses, this argument will become increasingly important to consider and explore.
The impact of AI on the public domain
Argument 3 considers the impact of artificial intelligence (AI) on the public domain. As AI technologies become increasingly sophisticated, they can create copyrightable works without human involvement, potentially losing works to the public domain. This case centres around the argument that AI should not be able to produce copyrightable works. As a result, it should not be granted copyright protection when it creates material that satisfies one of the originality requirements for protection.
The public domain includes works either exempt from copyright protection or have fallen out of it due to expiration. This includes all works published before 1923 and those whose copyrights have been forfeited through nonexclusive waiving or abandonment. Under current law, many AI-generated works could potentially find their way into this pool of material open for exploitation by anyone without payment of royalties or other compensation being due.
Those who favour limiting AI’s ability to generate copyrightable materials argue that allowing it access to creative output previously restricted by law is an abrogation of society’s right to encourage creative endeavour and protect it with an appropriate system and body of laws. They also argue that allowing unfettered access could increase plagiarism and cyber piracy, while simultaneously discouraging creativity and rewarding mediocrity in art and literature production from humans alike.
Conversely, those who advocate for greater copyrightability for AI-generated work argue that such limitations would only serve to stifle creativity among human authors as well as progress morally beneficial research on general artificial intelligence platforms since many experts predict these technologies could ultimately lead us close to a strong form artificial general intelligence if not singularity in a near future if traction holds steady in its development.
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The implications of AI for the public domain
The implications of artificial intelligence (AI) for the public domain are far-reaching. AI is a rapidly growing technology that has the potential to profoundly shape our legal and cultural frameworks. This technology can facilitate new forms of collaboration and communication, disrupt existing intellectual property rights regimes, and impact our collective understanding of the public domain. To ensure that the public domain remains available as a resource for continued inspiration and progress in the face of these advances, we must explore its complexities and understand its implications now and in the future.
AI is quickly becoming an important tool for creating works of authorship. AI programs develop some applications entirely, while other tools utilise hybrid models that combine human creators with AI algorithms. These new methods raise challenging questions about ownership — who “owns” the resulting works? Current IP frameworks cannot address these issues, making it difficult to determine what will fall into or out of the public domain. Additionally, automated creation techniques raise privacy concerns since large amounts of user data may be collected without their knowledge or consent for use in developing AI systems.
The potential power of AI may also affect creative works by being used to render them obsolete or unexceptional compared to what can be created using automation techniques. For example, there could be possible consequences for musicians whose songs are shown to be indistinguishable from their automated counterparts or for authors who find their bestsellers overshadowed by content generated using creative AI algorithms. This raises complicated questions about the extent of protection afforded different types of works under copyright law and what form it might take about newly created work produced by an AI system versus a human creator.
In addition, algorithmically-generated creations may have implications for open source licences like Creative Commons licences that grant specific rights generally intended only for human creators — such as attribution requirements or personality rights guarantees — thus further complicating copyright law discussions surrounding these types of works and their place in our evolving conception of intellectual property regulation mechanisms related to AI development technologies.
We must thoughtfully consider these issues within our legal system so that innovative uses remain possible while still protecting creators’ rights when appropriate and monitoring privacy concerns related to algorithmic processes derived from personal data collections online.
tags = unveiled by Microsoft-owned GitHub, Travis Manfredi and Cadio Zirpoli of the Joseph Saveri Law Firm, Microsoft and OpenAI, microsoft open ai github aibasednovetcnbc,
