Home / Current Issue / Paper 1705567
The Impact of Generative AI on the Intellectual Property Legal System and Its Challenge to Copyright Law
Subject area: Science,Engineering and Technology · Area of research: Generative AI
Abstract
Generative artificial intelligence (AI) presents new challenges to copyright law. Although the Interim Measures for the Management of Generative AI Services have established legal responsibility for service providers, uncertainties remain regarding copyright infringement risks throughout the AI lifecycle. In particular, the lifecycle stages of generative AI?from model training to optimization?pose potential risks for copyright infringement. This paper explores case studies such as the Andy Warhol Foundation v. Goldsmith decision and considers how "transformative use" may be a more suitable legal standard for AI's interaction with copyrighted works than the traditional "three-step test." A redefined standard of "transformative use" could support AI innovation while ensuring fair compensation to copyright holders.
Keywords
Generative AI, copyright law, fair use, intellectual property, Goldsmith case, transformative use, AI lifecycle, legal framework, three-step test, model training
How to cite this paper
@article{1705567,
author = {Marsh Ball, Xiang Chen, Steven Jian},
title = {The Impact of Generative AI on the Intellectual Property Legal System and Its Challenge to Copyright Law},
journal = {Iconic Research And Engineering Journals},
year = {2024},
volume = {7},
number = {9},
pages = {318-326},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1705567.pdf},
abstract = {Generative artificial intelligence (AI) presents new challenges to copyright law. Although the Interim Measures for the Management of Generative AI Services have established legal responsibility for service providers, uncertainties remain regarding copyright infringement risks throughout the AI lifecycle. In particular, the lifecycle stages of generative AI?from model training to optimization?pose potential risks for copyright infringement. This paper explores case studies such as the Andy Warhol Foundation v. Goldsmith decision and considers how "transformative use" may be a more suitable legal standard for AI's interaction with copyrighted works than the traditional "three-step test." A redefined standard of "transformative use" could support AI innovation while ensuring fair compensation to copyright holders.},
keywords = {Generative AI, copyright law, fair use, intellectual property, Goldsmith case, transformative use, AI lifecycle, legal framework, three-step test, model training},
month = {March},
}