The Big AI Elephant In The Room

Artificial intelligence is expected to have a tremendous influence on our daily lives sooner than we ever imagined. This could have huge implications for businesses such as health care, customer service, education, and logistics. 

Even with the extensive growth of generative AI and the adoption of the production of its contents by enterprise companies, there is a huge elephant in the room that is hardly ever discussed. 

On March 16th, 2023, the U.S. Copyright Office begin to investigate copyright laws and policy concerns related to Generative AI.

“This initiative is in direct response to the recent striking advances in generative AI technologies and their rapidly growing use by individuals and businesses. The Copyright Office has received requests from Congress and members of the public, including creators and AI users, to examine the issues raised for copyright, and it is already receiving applications for registration of works including AI-generated content.”

To be clear on the current law regarding copyrighting AI artwork:

“If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it.”  

— US Copyright Office Director Shira Perlmutter 

Director Shira Perlmutter went on to state the following

Digital art, poems, and books generated using tools like DALL-E, Stable Diffusion, ChatGPT, or even the newly released GPT-4 will not be protected by copyright if they were created by humans using only a text description or prompt. 

So considering the current landscape, what does this mean for the progress of Generative AI?

It should come as no surprise with the maturity of image creation, the explosion of writing tools, and the massive rise of video and audio tools that are driving the growth of generative AI at such a rapid pace, the government and the public at large would start to consider who will directly and legally benefit from the outcome production of these new and developing technologies. 

The adoption of APIs, the release of GPT-4, and LLM open-source solutions have also added to the acceleration of generative AI technology. 

Tech giants such as Google and Microsoft are starting to embed generative AI features into their business suites, allowing companies to implement creative workflows and produce content at a large scale. 

From the looks of it, creative content from generative AI is about to explode. As of now, it looks like no one is going to directly benefit from any content that is being created by these technologies. I imagine this will change in the future with the help of lobbying. With that said, it’s not clear if companies, content creators, and business professionals have any understanding of the legal aspects of intellectual property under the existing copyright legislation. The reason it’s not clear is that no one is talking about it. We have now entered unchartered territory. This topic is now the “big AI elephant in the room.” Stay tuned… 

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1 thought on “The Big AI Elephant In The Room”

  1. Wait until you get indicted and prosecuted because of something created by AI. That will happen, if it hasn’t already. Everyone is a target for that weaponization.

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