DailyPost 3064
IS AI HITTING AT THE ROOTS OF COPYRIGHT / LAW?
The giant strides taken by Artificial Intelligence, AI, has literally turned the world upside down. We are still not sure of the trajectory this technology would take and what it would mean to the world. One thing is crystal clear that the future of mankind henceforth would be inextricably tied to the growth of AI. AI is not just one technology, but it is the most pervasive, all encompassing and most rapidly spreading general purpose technology mankind has ever experienced. Added to that it is an Apex Technology, where all technologies converge. It is here where all technologies will find fulfillment.
AI has been the epitome of the quest of operational wisdom with the aid of capital intensive super high end research, with the ability to productize and disseminate globally in a very short period of time. The result is for all of us to see. Passion, R&D, creation and monetization for one, cannot be at the cost of someone else’s creativity and its legal ownership. AI has challenged the very vitals of copyright law and now the law itself is looking for legal cover, someone to safeguard it. Technological onslaught can be cruel for the adversely impacted. There are three main principles of copyright law globally. When an original work is created, copyright protection arises automatically. Registration only helps in enforcement.
The copyright owner has exclusive rights to reproduce the work, distribute copies, perform or display publicly, and can create derivative works (adaptations, translations, remixes). Copyright typically lasts for the life of the author + 50 to 70 years. Some exceptions come under the fair use, allowing use for commentary, news reporting, education, etc. The work becomes free for all after the copyright expires. What have AI and LLMs done to these cardinal legal mandates, which was the operational diktat for ages. LLMs have been data / content / information dinosaurs, sources notwithstanding. For them there are no laws. By the time we had thought of it, they had digested it all.
The use of copyright material for training AI models is a given. AI companies scrape vast amounts of copyrighted content. It is the fair use vs infringement argument depending which way you have been impacted. Lawsuits are piling up. Who owns the AI generated content? It is literally coming out of Samundra Manthan. Lots of copyrighted have also lost their existence in this exercise. As it stands, purely AI-created works aren’t eligible for copyright. AI can mimic artistic styles, voices, and likenesses, raising concerns about unauthorised reproduction and identity thefts. The copyright legal regime is under severe stress. A new legal regime for the AI needs to be established, otherwise it would be a tragedy for the impacted, while the IT/ AI behemoths enjoy mercenary monetization, plus all name, fame and glory.
THE COPYRIGHT LAW HAS BEEN PUT ON ITS HEAD.
Sanjay Sahay