An Emerging Copyright Paradox For AI-Generated Content [Law360]

Samuel Lewis authored an article about the impact artificial intelligence has on copyright law. Sam discussed how, with the recent AI exposure, there are some practical, legal, and philosophical questions. He mentioned that generative AI could produce something considered copyrightable if a person generated it. This leads to more questions, such as who owns the rights. He compared AI copyright to when the U.S. Supreme Court tried to decide if a photograph qualified for protection under the Copyright Act.

He discussed current cases involving AI platforms, such as Getty Images Inc. v. Stability AI Ltd. Getty alleged that Stability AI copied 12 million images from Getty's database and used them to train its Stable Diffusion platform. Once trained, Stable Diffusion has the ability to synthesize those images into new images. However, Stable Diffusion was not trained to differentiate between watermarks and other subject matter in the images used to train it. As a result, some of the images that Stable Diffusion generates contain remnants of Getty's watermark. 

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Samuel A. Lewis

Co-Chair, Copyright Practice

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(305) 397-0799


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