AI-Generated Content and Protections Under Copyright Law

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by Lindsey Francy Mar 24, 2023 News
AI-Generated Content and Protections Under Copyright Law
  • More AI means more government. This initiative is in response to recent rapid AI advancement.
  • Marketing message. What's yours — and what's AI content?
  • The answer: it's complicated. Ongoing debate about what's considered “human” is the only way to ameliorate this problem, and with lawsuits on the rise, there is not a clear answer.

The U.S. Copyright Office launched a new initiative that looks at the content generated by artificial intelligence.

The Copyright Office has received requests from Congress, as well as members of the public, to examine the issues raised for copyright, and it is already receiving applications for registration of works.

The more you use artificial intelligence, the harder it becomes. Artificial intelligence has become a creative aid for many businesses and employers, and is often used to help create targeted ads, design websites and enhance the customer experience.

In the Federal Register this month, the US government posted guidance on how to register.

According to the Copyright Office's entry into the Federal Register, if a work's traditional elements of authorship were produced by a machine, the work won't be registered. Any artificial intelligence-generated content can be reproduced, sold and distributed without the permission of the creator.

The example is used by the U.S. Copyright.

The traditional elements of authorship are not determined by the human user but by the technology. Users don't have ultimate creative control over how generative artificial intelligence systems interpret prompt and generate material based on the Office's understanding of the technology. The machine determines how those instructions are implemented in the output of the prompter's work.

There is a big message for marketers. All of your work may not be yours.

"Generative artificial intelligence tools give us the ability to enhance creativity and scale content creation, and they are amazing," said Paul Roetzer, CEO and found of Marketingai Institute. You may not own the outputs. Discuss your intellectual property with your attorneys.

There are opportunities and challenges for marketing.

Over the last few months, the rise of generative artificial intelligence has been rapid. Machine learning is being used to process and generate content recently. Artificial intelligence has evolved to its own predictions and calculations but humans still need to classify data. This is the reason why the software is so popular. The machine has evolved from being able to identify the dog in an image to creating an image of the dog.

There are hundreds of artificial intelligence tools available for marketing teams to use. It is easy to use software to develop a customer profile, but it can also be used to help create slogans, logo designs and web page layout.

Increased ownership questions come with content advancement. Creative elements associated with your company may be detrimental to your brand if you don't have permission to use them.

As an aid to shaping up snappy headlines, trademarks or written work on your site, it's often used as a basis, rather than as a basis at all. If you don't rely on artificial intelligence to create content from scratch, using it to touch up a project also raises questions of ownership. According to the U.S. Copyright office, applicants should not list an artificial intelligence or company that provided it as an author or co-author just because they used it.

Lawsuits May Spurn a Redesign in Marketing Tactics

Shawn Goodin, a marketing technology executive, commented on the post: "We need artists, lawmakers, philosophers, connive scientists and spiritual leaders to come together and deliberate long and hard on the future of machines in our world."

There are many lawsuits over the use of artificial intelligence. Kris Kashtanova, author of "Zarya of the Dawn," is trying to get full copyright for her book that included images created with a software called Midjourney. The Copyright Office agreed to remove images that aren't the product of human authorship in order to register the book again.

Although the majority of ongoing lawsuits are dealing with visual artists, marketers using artificial intelligence to support creative projects may soon have to face some copyrighted works.

Even a helping hand from artificial intelligence in the form of an outline or a write-up probably renders the content non-human in the eyes of the US government.

Goodin said at the end of his post that what makes us human is up for discussion.