Manatt Entertainment Partner Nathaniel Bach, Digital and Technology Partner Eric Bergner and Entertainment Litigation Associate Andrea Del-Carmen Gonzalez wrote an article for VentureBeat about the legal challenges of the rapidly growing generative artificial intelligence space.
Generative AI (GAI) advocates have said the technology has tremendous promise for a wide range of commercial and noncommercial purposes, but those opportunities raise a number of legal questions. Among them, what happens if a GAI platform incorporates copyrighted works or trademarks in their training data or creative outputs? Are prompts to create new works “in the style” of a particular artist permissible? What if new works contain potentially defamatory or harassing material? Where is the line between protected expressions under the First Amendment and rights of celebrities and private individuals to control their rights of publicity? And who owns GAI-created content?
Bach, Bergner and Gonzalez examine the legal doctrines underlying GAI and recent cases that have brought these questions to the fore. “While some GAI platforms are taking steps to address concerns regarding the use of copyrighted material as inputs and their inclusion in and effect on creative outputs, the fair use doctrine will surely have a role to play for GAI stakeholders as both potential plaintiffs and defendants,” the authors write.
As the world attempts to grapple with this new technology, the authors say there have already been attempts to ensure protections from potential abuses, such as the White House Office of Science and Technology Policy’s AI Bill of Rights and mainstream platforms adopting mitigation measures.
Read the full article here.