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Generative AI Has an Intellectual Property Problem

Apr 01, 2024 - hbr.org
Generative AI, which uses data lakes and question snippets to identify patterns and relationships, is increasingly being used in creative industries. However, the legal implications of its use, particularly concerning copyright infringement, ownership of AI-generated works, and unlicensed content in training data, remain unclear. Courts are working to establish how intellectual property laws apply to generative AI, with several cases already filed. Companies using generative AI need to ensure legal compliance and mitigate potential risks, such as using training data free from unlicensed content and demonstrating the provenance of generated content.

Generative AI has the ability to produce remarkable visuals in various styles, with quality and speed surpassing average human performance. Examples of its use include the Museum of Modern Art in New York hosting an AI-generated installation from its own collection, and the Mauritshuis in The Hague displaying an AI variant of Vermeer’s Girl with a Pearl Earring while the original was on loan.

Key takeaways:

  • Generative AI is becoming increasingly popular in creative industries, but the legal implications, particularly around copyright infringement and ownership of AI-generated works, are still unclear.
  • Courts are trying to establish how intellectual property laws should be applied to generative AI, with several cases already filed.
  • Companies using generative AI need to ensure they are in compliance with the law and take steps to mitigate potential risks, such as using training data free from unlicensed content and showing provenance of generated content.
  • Generative AI, with tools like Stable Diffusion, Midjourney, or DALL·E 2, can produce remarkable visuals in various styles, elevating both quality and speed of creation compared to average human performance.
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