Artificial intelligence (AI) software has been at the center of numerous legal controversies since its introduction to broader American culture in recent years. There are pending lawsuits alleging that AI chatbots have caused harm to impressionable individuals. Lawyers and other professionals have faced censure for over-reliance on AI when performing services for clients.
Additionally, creative professionals and copyright holders may have experienced infringement on their original ideas and works of art due to AI programs. Generative AI can produce allegedly original works of music, art, video and writing. However, there are many issues with the products created by AI, not all of which have to do with quality.
There is also reason for concern about AI infringing on copyright protections for creators and businesses. How can those affected by AI copyright infringement demand accountability?
Documenting the infringement
The first step toward asserting copyright protections after AI infringement is to create a record of the infringing activity. As the creations of AI are largely digital, those accused of infringement may attempt to scrub records of questionable videos, songs, images or works of writing from the internet.
A cease-and-desist letter might result in the removal of content that infringes on an existing copyright. Therefore, copyright holders need to carefully document not just the individual works that may have infringed on their copyright protections but also the extent to which people shared them with one another.
Social media posts could have millions of views and interactions before the infringing party removes the content. The broader the spread, the bigger the potential impact of that infringement.
Determining who is at fault
The liability for AI copyright infringement is a legal gray area. In some cases, fault may fall clearly on the companies releasing AI software. They program their creations to source information from the internet. The content used as source material may include original copyrighted works and even the likeness of celebrities.
Other times, the records of the prompts used to generate AI content could show that the party producing the content asked for something similar to the style of a copyrighted work or a specific creative profession. The process of demanding accountability for AI copyright infringement can be relatively lengthy and complex.
This area of law is relatively new, with minimal existing judicial precedent. Yet, a successful lawsuit can lead to injunctions permitting additional infringement and possibly an award of damages for the impact that the infringement has had on a copyright holder. Partnering with an attorney familiar with copyright infringement and modern technology can help those frustrated by infringement understand their options and hold the right party accountable for infringing upon their rights.