Attribution problem of generative AI: a view from US copyright law
Journal of Intellectual Property Law and Practice, cilt.18, sa.11, ss.796-807, 2023 (ESCI, Scopus)
- Yayın Türü: Makale / Tam Makale
- Cilt numarası: 18 Sayı: 11
- Basım Tarihi: 2023
- Doi Numarası: 10.1093/jiplp/jpad076
- Dergi Adı: Journal of Intellectual Property Law and Practice
- Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), Scopus, EBSCO Legal Collection, EBSCO Legal Source, INSPEC
- Sayfa Sayıları: ss.796-807
- Boğaziçi Üniversitesi Adresli: Hayır
Özet
• Three significant lawsuits concerning generative Artificial Intelligence (AI) were filed in the USA, starting the first wave of lawsuits against AI: (i) coders filed claims for the alleged use of their codes by OpenAI’s CoPilot, (ii) visual artists filed claims against companies using Stable Diffusion and (iii) Getty Images filed claims against Stability AI, which uses Stable Diffusion. Following the lead of these lawsuits, copyright owners of literary works filed four other lawsuits against OpenAI, Meta and Alphabet (Google)’s large language models. All of these lawsuits are pending at the time of writing. • Among other things, plaintiffs filed claims challenging generative AI’s lack of attribution to copyright owners of in-copyright works in its training data. As US copyright law does not protect moral rights strongly, a federal rule granting a right of attribution to all copyright owners does not exist. Yet, there are some provisions providing quasi-protection. Section 1202 of the Digital Millennium Copyright Act (DMCA) is one of them and protects copyright owners against removal/modification of the Copyright Management Information in connection with their works. • This article lays down the limitations of moral rights protection in the USA and demonstrates the difficulties faced by the plaintiffs of the pending lawsuits. The limitations of Section 1202 DMCA are explained to demonstrate its difference from a classic moral right of attribution. The outcomes of these lawsuits will be significant in building case law on generative AI for the first time in the USA. This article evaluates the benefits and disadvantages of courts’ possible acceptance of plaintiffs’ claims regarding attribution.