Copyright Law has never been stagnant. The continuous evolution of technology has altered the parameters of creativity, prompting copyright law to adapt and keep pace with the changing times. Generative artificial intelligence (GenAI), however, is not just the next rung on the copyright ladder; it is calling into question key aspects of the copyright framework, such as the origin and use of existing works where the waters have been muddied. Innovation still needs protection, irrespective of how it was created. But how do we – or perhaps, how should we – protect innovation in a paradigm where machines are creators? How is GenAI using copyrighted content? How can copyright holders reserve their rights? These, among others, are questions recently addressed by the EUIPO in its report on The Development of Generative Artificial Intelligence from a Copyright Perspective1 (the Report) in pursuit of clarifying “how GenAI systems interact with copyright – technically, legally, and economically.” The study behind the report examined how copyrighted works are being used by training models, the applicable EU framework, the reservation of rights and opt-out mechanisms, and technologies to mark or identify AI-generated outputs.
The Trademark Lawyer evaluates the EUIPO’s recent report, The Development of Generative Artificial Intelligence from a Copyright Perspective, which highlights the need to ensure the copyrigh framework remains effective in response to the evolving role of AI as a creator, addressing key challenges and potential solutions for protecting intellectual property rights.
