(20 Nov 2024) The RAND report examines the implications of artificial intelligence (AI) on copyright law, focusing on the challenges of attributing ownership and protecting rights in creative works generated by AI. It highlights the complexities in balancing innovation with fair use and legal frameworks, emphasizing the need for updates to existing laws to address AI’s rapid development. The analysis proposes principles for ensuring equitable intellectual property systems that encourage creativity while maintaining legal clarity.
Key Takeaways:
- Copyright protects only original human-authored works, including those made with AI assistance, but does not extend to works generated solely by AI.
- Training of AI models is potentially fair use, implicating the interests of rights holders and the creative industry.
- Legal uncertainty persists, especially regarding whether training new generative AI models is also permissible.
- Some jurisdictions, such as the European Union, have enacted specialized legislation dealing with AI model training, significantly allowing rights holders to object to the use of their works for commercial AI training.
- A key issue is balancing rights holders’ interests and renumeration with the objectives of fostering innovation, encouraging freedom of expression, and maintaining global competitiveness.
Explore the full discussion here.