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Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?

Kluwer Copyright Blog

Our pilot empirical work in January-March 2023 mapped ToS across a representative sample of 13 generative AI providers, drawn from across the globe and including small providers as well as the large globally well-known firms such as Google and OpenAI. Is it a proper copyright ownership or an assigned license? user, service)?

Copyright 131
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Prompt Authorship and Ownership: Clarifying Rights and Responsibilities

Intepat

This is because the resulting work is a new creation that depends on various factors, including the system’s programming and the input prompt. The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used.

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Copyright, Education, and Generative AI: Getting with the programme?

Kluwer Copyright Blog

Another much-discussed issue is whether AI-generated works meet the threshold of originality to merit copyright protection. A related question then arises as to who would be able to claim ownership of such a work: the person who provided the input prompt, or perhaps the AI tool itself? the third criterion).

Copyright 123
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US Copyright Office Generative AI Inquiry: Where are the Thresholds?

Patently-O

With copyright it is helpful to have some bright lines to streamline the process of registration without substantial case-by-case lawyer input for each copyrighted work, but any hard rule might skip over the nuanced. Although the notice focuses on copyrightability, ownership questions will also come into play.

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Not Past the Post Yet

BYU Copyright Blog

Post University claimed that Course Hero committed, among other things, multiple instances of copyright infringement, trademark infringement, violation of the DMCA, and unfair competition by posting and creating derivative works of educational materials owned by Post University without Post University's permission.

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How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. 2023 WL 3449131 at *1 (N.D. May 11, 2023). Complaint at 31.

Blogging 132
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Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions

Velocity of Content

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. Case 1- Doe 1 v. GitHub Inc.,