AI happenings and copyright conundrums
September 13, 2023
Artificial Intelligence (‘AI’) is taking the world by storm. There are developments emerging across every industry with respect to this new technology, and copyright is certainly no different. With a keen eye on international and local news, we delve into the latest trends and initiatives that are shaping the future of copyright in the realm of AI.
One of the most significant current AI copyright conundrums, is how to ensure that creators can control, and are fairly remunerated for, the ingestion of their works into AI platforms for machine learning purposes. We are seeing some movement in this space with negotiations and licensing deals emerging between technology companies and rightsholders across the globe.
Of particular note is the licensing deal between Associated Press (‘AP’) and OpenAI which reportedly allows ChatGPT to make use of AP’s archive of news content going back to 1985. The financial terms of the deal have not been disclosed.
Other major news publishers have reportedly formed a coalition to negotiate with AI companies..
Across the Australian political landscape, Coalition front benchers, Paul Fletcher and David Coleman are signalling support for requiring AI companies to pay content owners for the use of their content. Additionally, the Commonwealth has released interim guidelines for agencies on government use of generative AI platforms allowing its use within certain parameters.
The House Standing Committee on Employment, Education and Training is conducting an inquiry into and report on the use of generative AI in the Australian education system. You can view Copyright Agency’s submission here.
A number of arts bodies are releasing recommendations and guidelines with regards to the use of AI. Of particular note is the Media Entertainment & Arts Alliance draft position paper which argues that AI tools that profit from the work of media professionals must introduce compensation for creators, and that content produced by AI tools must be labelled and fact checked by human editors. Additionally, concerns and open letters about AI are being raised by bodies including the Australian Society of Authors, CISAC and American Authors Guild.
As you can see, developments in the field of AI continue apace. There are ongoing negotiations between publishers and AI companies over licensing and compensation, continued work on regulation by policy makers around the world, and tensions with technology companies. Entire industries are attempting to balance the benefits of this extraordinary technology with its inherent threats. Copyright Agency will keep you abreast of key information that relates to AI’s intersection with the creative sector as it emerges.
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