The Impact of Generative AI on the Intellectual Property Legal System and Its Challenge to Copyright Law

• Author(s): Marsh Ball ; Xiang Chen ; Steven Jian
• Paper ID: 1705567
• Page: 318-326
• Published Date: 23-09-2024
• Published In: Iconic Research And Engineering Journals
• Publisher: IRE Journals
• e-ISSN: 2456-8880
• Volume/Issue: Volume 7 Issue 9 March-2024

Abstract

Generative artificial intelligence (AI) presents new challenges to copyright law. Although the Interim Measures for the Management of Generative AI Services have established legal responsibility for service providers, uncertainties remain regarding copyright infringement risks throughout the AI lifecycle. In particular, the lifecycle stages of generative AI—from model training to optimization—pose potential risks for copyright infringement. This paper explores case studies such as the Andy Warhol Foundation v. Goldsmith decision and considers how "transformative use" may be a more suitable legal standard for AI's interaction with copyrighted works than the traditional "three-step test." A redefined standard of "transformative use" could support AI innovation while ensuring fair compensation to copyright holders.

Keywords

Generative AI, copyright law, fair use, intellectual property, Goldsmith case, transformative use, AI lifecycle, legal framework, three-step test, model training

Citations

IRE Journals:
Marsh Ball , Xiang Chen , Steven Jian "The Impact of Generative AI on the Intellectual Property Legal System and Its Challenge to Copyright Law" Iconic Research And Engineering Journals Volume 7 Issue 9 2024 Page 318-326

IEEE:
Marsh Ball , Xiang Chen , Steven Jian "The Impact of Generative AI on the Intellectual Property Legal System and Its Challenge to Copyright Law" Iconic Research And Engineering Journals, 7(9)