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The Frontline of AI’s Copyright Law Battle in 2024

AI | Jan 5, 2024

Ankit Sahni and AI painting app RAGHAV Before and After - The Frontline of AI's Copyright Law Battle in 2024

Image: Ankit Sahni and AI painting app RAGHAV (Before and After)

A Legal Quagmire...Plowing Forward

A recent article by Mark Masutani at Holland & Knight highlights a series of cases where the U.S. Copyright Office has consistently refused to grant copyrights to AI-generated works. In one notable instance, artist Ankit Sahni's attempt to register his AI-assisted artwork was rejected multiple times on the grounds that it lacked the necessary human authorship. This decision aligns with a growing body of case law suggesting that outputs from generative AI does not qualify for copyright protection under current U.S. law.

2024 is shaping up to be a defining year in this arena. The New York Times has filed a lawsuit against OpenAI and Microsoft, alleging that their AI systems' extensive copying constitutes copyright infringement. This case could set a significant precedent for how AI-generated content is treated under copyright law.

The AI industry could face substantial challenges due to these evolving legal interpretations. If AI-generated works are deemed ineligible for copyright, it could reshape the industry's approach to content creation and intellectual property.

Implications for Businesses and Creators

For businesses, especially those in the creative and tech sectors, this evolving legal landscape presents both challenges and opportunities. On one hand, the inability to secure copyrights for AI-generated works could limit the commercialization of such content. Having said that, it also opens up a new realm of creative possibilities that are not bound by traditional copyright constraints.

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Creators, particularly those who collaborate with AI, need to navigate this uncertain terrain carefully. Understanding the extent of AI's role in the creative process and how it impacts copyright eligibility is crucial.

Looking Ahead

As we await the outcomes of key legal battles, several questions loom large. Will the law adapt to recognize the unique contributions of AI in the creative process? Or will the definition of authorship and originality remain strictly human-centric?

For companies and individuals in the AI space, staying informed and agile is essential. The decisions made in courtrooms in 2024 could very well dictate the future of AI in creative industries.

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The intersection of AI and copyright law is a reflection of our evolving relationship with technology. For businesses and creators, the message is clear: adapt, stay informed, and be prepared for a future where AI plays an increasingly central role in the creative process.


NCFA Jan 2018 resize - The Frontline of AI's Copyright Law Battle in 2024The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org

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