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

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 … Read More “Style, Copyright, and Generative AI Part 2: Vicarious Liability”

Close up of the face of Zarya, from the comic Zarya of the Dawn, looking intent in a dark urban landscape with glowing lights.

Zarya of the Dawn: US Copyright Office Affirms Limits on Copyright of AI Outputs

In a recent post, we explained why, absent significant and direct human creative input, generative AI outputs should not qualify for copyright protection. We noted that exactly what constitutes enough human input is not entirely clear; while a simple text prompt shouldn’t be enough, other areas will present more complex questions. Like the rest of … Read MoreZarya of the Dawn: US Copyright Office Affirms Limits on Copyright of AI Outputs”

An image generated by the DALL-E 2 AI platform showing a slightly distorted yellowish-white bicycle with a basket, rear rack, and orange chain guard leaning against a brick building with a white stucco base near a gray standpipe.

This Is Not a Bicycle: Human Creativity and Generative AI

“Generative AI” has been the subject of much online conversation over the past few months. “Generative AI” refers to artificial intelligence (AI) models that can create different kinds of content by following user input and instructions. These models are trained on massive datasets of content — images, audio, text — that is harvested from the … Read More “This Is Not a Bicycle: Human Creativity and Generative AI”

A bluish surrealist painting generated by the DALL-E 2 AI platform showing a small grayish human figure holding a gift out to a larger robot that has its arms extended and a head like a cello.

Better Sharing for Generative AI

Over the last year, innovation and use of generative artificial intelligence (AI) has exploded, providing new ways for people to create content of all sorts. For example, it’s been used to help create award winning art, develop educational materials, expedite software development, and craft business materials. Recently, three artists filed a class action lawsuit in … Read More “Better Sharing for Generative AI”

An abstract European Union flag of diffused gold stars linked by golden neural pathways on a deep blue mottled background.

As European Council Adopts AI Act Position, Questions Remain on GPAI

As we’ve discussed before, the European Union has been considering a new AI Act, which would regulate certain uses of artificial intelligence (AI). In particular, it seeks to ban certain uses of AI, such as broad-based real-time biometric identification for law enforcement in public places, and to ensure that certain precautions are taken before deployment … Read More “As European Council Adopts AI Act Position, Questions Remain on GPAI”