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Generative AI and Creativity: New Considerations Emerge at CC Convenings

Better Internet, Events, Open Creativity, Open Heritage, Technology post
People seated at tables in a conference room watching a panel of four speak on stage below a slide with an image of a robot painting at an empty easel, saying: Creative Commons, Engleberg Center on Innovation Law & Policy, this event sponsored by Akin, gratitude for additional support to Morrison Foerster. Generative AI & the Creative Cycle Panel” by Jennryn Wetzler for CC BY 4.0.

This week, Creative Commons (CC) convened 100+ participants during two events in New York City to discuss the important issues surrounding generative artificial intelligence (AI), copyright, and creativity. For many years, we at CC have been examining the interplay between copyright and generative AI, exploring ways in which this technology can foster creativity and better…

Supporting Open Source and Open Science in the EU AI Act

Better Internet post
An abstract European Union flag of diffused gold stars linked by golden neural pathways on a deep blue mottled background. "EU Flag Neural Network" by Creative Commons was cropped from an image generated by the DALL-E 2 AI platform with the text prompt "European Union flag neural network." CC dedicates any rights it holds to the image to the public domain via CC0.

As the EU seeks to finalize its landmark AI Act, CC has joined with Eleuther AI, GitHub, Hugging Face, LAION, and Open Future in offering suggestions for how the Act can better support open source and open science. As we’ve said before, we welcome the EU’s leadership on defining a regulatory framework around AI and…

Everything might be OK! Warhol v. Goldsmith

Copyright post
An orange and black Andy Warhol silk-screen painting of Prince, circa 1984. Orange Prince” by Andy Warhol.

The United States Supreme Court released its opinion today in Andy Warhol Foundation v. Goldsmith. While it’s hard to predict the full ramifications of this decision at this point, our initial opinion is that this decision is not ideal, but also not the death knell for transformative fair use that many feared it could have…

State of the Commons 2022

About CC post
Detail of the cover of the Creative Commons State of the Commons 2022 in black text on a yellow background over details from three illustrations with text: THE MORE WE SHARE, OPEN IS BEAUTIFUL, and OPEN PALMS, NOT CLUTCHING FISTS. CC State of the Commons 2022 Cover Detail” © 2023 by Creative Commons is licensed via CC BY 4.0.

We are pleased to present the 2022 Creative Commons State of the Commons annual report. This report highlights key innovations, achievements, collaborations, conversations, and partnerships from CC and our global community over the past year. In 2022 we were incredibly proud to mark twenty years of CC licensing and all the groundbreaking collaboration it has…

State of the Commons 2022

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Detail of the cover of the Creative Commons State of the Commons 2022 in black text on a yellow background over details from three illustrations with text: THE MORE WE SHARE, OPEN IS BEAUTIFUL, and OPEN PALMS, NOT CLUTCHING FISTS. CC State of the Commons 2022 Cover Detail” © 2023 by Creative Commons is licensed via CC BY 4.0.

Our Mission Creative Commons is an international nonprofit organization that empowers people to grow and sustain the thriving commons of shared knowledge and culture that we need to address the world’s most pressing challenges and create a brighter future for all. Together with our global community and multiple partners, we build capacity and infrastructure, we…

Style, Copyright, and Generative AI Part 2: Vicarious Liability

Better Internet, Licenses & Tools, Open Creativity, Technology post

In my last blog post, I looked at whether copyright protects artistic style, particularly in the context of generative AI (GAI) art tools like Stable Diffusion and Midjourney. However, in the class action litigation against Stable Diffusion and Midjourney, the plaintiffs are not only concerned that people can use the GAI tools to produce works…

The Complex World of Style, Copyright, and Generative AI

Better Internet, Licenses & Tools, Open Creativity, Technology post
Illustration of four superheroes, wearing masks and punk outfits and two holding guitars, standing in a washed out cityscape. “Grunge Heroes” by Stephen Wolfson for Creative Commons was generated by the Midjourney AI platform with the text prompt “a grunge band from the 1990s made up of superheroes.” CC dedicates any rights it holds to the image to the public domain via CC0.

In my previous posts on generative AI, I discussed fair use and AI training data, copyright over AI outputs, and a recent U.S. Copyright Office decision on registration for a work produced by generative AI. In the next posts in our series, I will look at claims (exemplified in a recent case against Stable Diffusion…