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America September 24, 2023 4 mins read

Part 1: AI Goes to Court – The Battle Over Copyright in the Age of AI

America ı By Jackie Allen

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Battle over copyright

The list of named plaintiffs in this landmark lawsuit against OpenAI reads like a who's who of the literary world. It includes best-selling authors such as David Baldacci, Mary Bly, Michael Connelly, Sylvia Day, Jonathan Franzen, John Grisham, Elin Hilderbrand, Christina Baker Kline, Maya Shanbhag Lang, Victor LaValle, George R.R. Martin, Jodi Picoult, Douglas Preston, Roxana Robinson, George Saunders, Scott Turow, and Rachel Vail.

Writers want protection

The controversy surrounding AI's impact on the creative realm has spilled over into legislative discussions.

 During a Senate subcommittee hearing, Mary Rasenberger, CEO of the Authors Guild, advocated for the creation of legislation that would protect writers from AI's encroachment. 

She specifically called for rules mandating transparency from AI companies regarding their model training processes. Additionally, over 10,000 authors, including luminaries like James Patterson, Roxane Gay, and Margaret Atwood, signed an open letter. 

The letter called upon AI industry leaders, including Microsoft and OpenAI, to obtain authors' consent when utilizing their work for AI training and to ensure fair compensation for such use.

One of the contentious issues at the heart of the matter is the legality of data collection by generative AI models like ChatGPT. These AI systems rely on amassing vast datasets from the internet to inform their responses to a multitude of inquiries. 

However, this massive data collection transpires without explicit permission, raising significant legal questions. 

If OpenAI is found to have violated copyrights during this data collection process, federal law permits the destruction of the infringing materials upon the conclusion of the legal proceedings.

Federal copyright law carries substantial financial penalties for those guilty of willful infringement. These penalties can reach as high as $150,000 for each infringement. This serves as a formidable legal threat that looms over AI companies. And underscores the need to define the technology and negotiate solutions in this contentious arena.

As this legal battle unfolds, it holds the potential to set precedents and define the boundaries of copyright protection in an era dominated by artificial intelligence and generative models.

 

 

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Jackie Allen
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Jackie Allen

Jackie is a freelance journalist and technology geek. She worked as a telecom project director for AT&T and BellSouth. Before joining the USA Herald she has written books, articles, blogs and whitepapers. Her clients include Samsung and other technology companies.

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