Copyright does not protect AI-generated content in EU

https://mathstodon.xyz/@maxpool/117128107757895678

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23 points · 5 comments · view on lemmy.world

5 Comments

lemmysmash@piefed.social · 6 pts · 14d (4 replies)

So if my AI model is dumb as fuck and just reproduces whatever comes to its input, but technically still produces AI-generated content... does it make it an uncopywriting machine?

davidgro@lemmy.world · 1 pts · 13d (1 reply)

I've seen that discussed as a genuinely serious problem for open source code. LLMs can be used to try to strip off a license.

lemmysmash@piefed.social · 2 pts · 13d

PenguinInLaw@sh.itjust.works · 1 pts · 13d

That’s not how it works - the original author of the input owns the copyright for the work and if the output of the LLM is the same or a close derivative, the that copyright will be infringed. The ruling only means that YOU can not claim copyright for something that LLM spit out and you put your name on.

NakedNateRollerSkate@lemmy.dbzer0.com · 1 pts · 13d

IP attorney here that specializes in this stuff.

No, because that would be a reproduction of the original or a derivative work under copyright law, and those rights are retained by the copyright owner. Thus, it would be copyright infringement. The issue becomes fuzzier when you consider the temperature or entropy of a particular algorithm.

There is a lot more to this topic, but that is the gist that answers your specific question under US law right now.