2023-08-19 21:19:22
All about Artificial Intelligence
A decision by the US court may give Hollywood screenwriters a boost, who have been on strike for more than 100 days: according to a federal judge, content created by artificial intelligence cannot be protected by copyright.
The use of AI in the production of films and series is one of the complaints made by the strikers, who fear that the use of technology will end up impacting the number of jobs available in the area.
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But, according to a ruling by Judge Beryl Howell, US copyright laws cannot “protect works generated by new forms of technology operating without any guidance from human hands.”
“Human authorship is a fundamental requirement” for the protection of a work by copyright, continues the decision, according to the website Hollywood Reporter.
Thus, a script written by generative AIs cannot be considered property, and therefore copyright law does not apply to them.
Image: khunkornStudio / Shutterstock.com
Art must have human involvement to be copyrighted
The decision was made after a lawsuit filed by researcher Stephen Thaler, who since 2018 has been producing artwork with the help of AI.
CEO of the neural network company Imagine Engines, Thaler tried to register an illustration as if it were the creation of an AI system called the Creativy Machine. But the request was denied by the body responsible for copyright in the US, which made Thaler sue the body in an attempt to finally register the work in the name of the AI.
But now he has been defeated again: Beryl Howell’s decision considered that the legislation only “protects works of human creation” and stressed that, even if a photograph is work essentially done by a machine, it only exists because a person had a “ mental conception” of the image. This would not apply to AI-created works, and therefore the law does not extend to them.
Although the case is not directly related to the writers’ strike, the judge’s decision can be used to favor screenwriters, who would need to be directly involved with works for them to be protected by copyright, even if AIs help in some way. Studios could therefore not replace all screenwriters with generative AIs.
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