Recently, a different kind of AI is revolutionizing the creative process , generative artificial intelligence (GAI). GAI creates content including images, video and text from inputs such as text or audio.
GAIs, like other AIs, learn from training data sets according to parameters set by the AI programmer. A text-to-image GAI requires access to a massive library of images and text pairs to learn concepts and principles.
The initial data sets implementing the software code and expressive results raise legal issues, including important issues of copyright, trademark, right of publicity, privacy, and expressive rights under the First Amendment.
Depending on how they are coded, these training sets may include copyrighted images that could be incorporated into the GAI process without the permission of the copyright owner; in fact, this is directly at issue in a recently filed class action lawsuit against Stability AI. , Midjourney and DeviantArt.
OpenAI and Shutterstock have an agreement
recently announced an agreement whereby OpenAI will pay for the use of stock images owned by Shutterstock, which in turn will "reimburse creators when the company sells the work to train text-to-image AI models." For its part, Shutterstock has agreed to exclusively purchase GAI-generated content produced with OpenAI.
Other potential copyright risks include claims against GAI users for direct infringement and against GAI platforms for secondary (contributory or vicarious) infringement.
Between the GAI Platform and the user, details of ownership and rights of use are likely to be governed by the GAI Terms of Service (TOS) agreements, for this reason, GAI Platforms should carefully consider the language of the TOS , what rights and permissions they intend to give users, and whether and to what extent the platform can mitigate the risk when users exploit the content in a way that could violate the TOS.
GAI raises questions about the possible creation and misuse of harmful, abusive or offensive content. In fact, this has already happened through the creation of deepfakes.
In view of the potential abuses and concerns surrounding AI, the White House Office of Science and Technology Policy recently released its Blueprint for an AI Bill of Rights, which is intended to "help guide the design, development and the implementation of AI and other automated systems." to protect the rights of the American public." The Blueprint focuses on security, protections against algorithmic discrimination, and data privacy, among other principles. In other words, the government is paying attention to the AI industry.
Source: Venture BeaT
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