Can AI Be Sued for Copyright Infringement?
Copyright law serves to protect the rights of both the copyright owner and the author of a piece of work. This protection is extended to creative works that involve skill, effort, and judgment like pieces of literature, artwork and music. However, a significant question arises when it comes to original works generated by non-human entities, such as artificial intelligence (AI).
Recent headlines have seen OpenAI, the organisation behind ChatGPT, facing a copyright infringement lawsuit from two renowned American novelists: George RR Martin, famous for 'A Song of Ice and Fire' (adapted into 'Game of Thrones'), and John Grisham, known for legal thrillers like 'A Time to Kill' and 'The Firm'.
The lawsuit alleges that ChatGPT was trained on the authors' works without their consent. The “Authors Guild”, representing these writers, filed the lawsuit in a federal court in Manhattan accusing OpenAI of "systematic theft on a mass scale." The complaint also mentions other notable authors like George Saunders, Jodi Picoult, and Jonathan Franzen.
OpenAI's response emphasised their commitment to respecting authors' rights, stating that authors should benefit from AI technology. A similar lawsuit in California involved Pulitzer Prize winner Michael Chabon and playwright David Henry Hwang, among others, raising similar concerns.
Cases of Copyright Infringement against AI
In a case that shed light on the broader legal battle over authorship and intellectual property, a federal judge rejected an attempt to copyright artwork created by AI.
Stephen Thaler, an inventor, claimed ownership of the AI-generated artwork and credited his computer system as the author. Thaler sued the director of the U.S. Copyright Office after repeated application rejections.
Dr. Thaler, a pioneer in AI, conducted these experiments worldwide to showcase his AI's capabilities. His attorney plans to appeal the decision, highlighting its significance in the ongoing conversation about generative artwork.
In another case, American comedian Sarah Silverman also filed a copyright infringement lawsuit against OpenAI and Mark Zuckerberg's Meta, alleging that their AI models used her work as training data without her consent. In this lawsuit, joined by writers Christopher Golden and Richard Kadrey, Silverman filed the lawsuits in which they allege that the AI models created by OpenAI and Meta exploited their work as training data.
But one of the earliest cases was related to a graphic novel created by Kristina Kashtanova entitled ‘Zarya of the Dawn’. A letter issued by the USCO stated that the utilised images in the graphic novel “are not the product of human authorship,” and the copyright registration, that was initially obtained for them, has been revoked.
What all these cases have in common is the contention that none of the works were created by humans. But does this justification have legal backing?
Can These Legal Claims Hold Up in Court?
In a comprehensive publication issued by the US Copyright Office (USCO) concerning 'Copyrightable Authorship,' Sub-point 306 explicitly stipulates that, "The US Copyright Office will grant registration to an original work of authorship, provided it was created by a human being."
This requirement finds its legal foundation in the fundamental principle that copyright law exclusively safeguards "the products of intellectual labour" rooted in the creative faculties of the human mind.
Furthermore, this document asserts that since copyright law solely shields "original intellectual conceptions of the author," the USCO will reject any claim where it is demonstrated that a human was not involved in the work's creation.
Addressing Challenges for AI-Generated Works
In all the legal cases we talked about, there's a common issue. Authors argue that Generative AI tools were taught using their work, which might lead to AI-created work looking like the works they were trained on.
Apart from the difficulty of figuring out which copyrighted work was used to make a particular AI art piece, there's another challenge. This one involves deciding how much a person needs to be involved for the work to be seen as "theirs."
It's the responsibility of lawmakers to think about situations where multiple people have ownership, as copyright laws are mainly meant to support art and its growth by protecting artists and their unique creations. As a result, creators should be careful about how they use generative AI in their creative work to avoid possible copyright issues.
Right now, there are no specific copyright laws for AI-made content and disputes are resolved on a case-by-case basis in court. This poses the question: who bears responsibility for such infringements – the AI itself or its developer?
Proving Copyright Infringement in AI-Generated Works
In legal battles over AI-created art, there are several hurdles to proving copyright infringement, such as:
Showing that the defendant's work closely resembles the copyrighted material, more than just a lucky coincidence.
Presenting evidence that the original work was used in training the AI or that both works were created in a similar way.
Demonstrating that the individual suffered real losses due to the infringement, like actual damages.
These criteria can be quite tricky to establish in a courtroom, given the complexity of AI-generated works. However, having a clear framework with specific guidelines for defining infringement in AI-created situations can provide authors and AI developers with much-needed clarity, reducing disputes except when absolutely necessary.
How Can Gerrish Legal Help?
Gerrish Legal is a dynamic digital law firm. We pride ourselves on giving high-quality and expert legal advice to our valued clients. We specialise in many aspects of digital law such as GDPR, data privacy, digital and technology law, commercial law, and intellectual property.
We give companies the support they need to successfully and confidently run their businesses whilst complying with legal regulations without the burdens of keeping up with ever-changing digital requirements.
We are here to help you, get in contact with us today for more information.