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Generative AI in Court
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“The emergence of AI as a non-human creator, directly challenges the existing legal infrastructure built around the human creator (Frosio, 2024;Liu et al., 2023).”
From Redefining boundaries in innovation and knowledge domains: Investigating the impact of generative artificial intelligence on copyright and intellectual property rights (2024) · cites this paper as Frosio, 2024
In the citing paper
“GenAI's ability to produce original content using data from human-created sources raises critical ethical and legal concerns.”
From Redefining boundaries in innovation and knowledge domains: Investigating the impact of generative artificial intelligence on copyright and intellectual property rights (2024) · cites this paper as Frosio, 2024
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Research works printed but not linked: 12
- See e.g., Rossana Ducato and Alain Strowel, "Limitations to Text and Data Mining and Consumer Empowerment: Making the Case for a Right to ''Machine Legibility'", International Review of Intellectual Property and Competition Law 50(3) (2019): 649-684;
- Eleonora Rosati, "Copyright as an Obstacle or an Enabler? A European Perspective on Text and Data Mining and Its Role in the Development of AI Creativity", Asia Pacific Law Review, 27 (2019): 198-217;
- Andrea Toth, "Algorithmic copyright enforcement and AI: Issues and potential solutions, through the lens of text and data mining", Masaryk University Journal of Law and Technology 13(2) (2019): 361-387;
- See Jane Ginsburg, "People Not Machines: Authorship and What It Means in the Berne Convention", Int'l Rev. of Intell. Prop. and Comp. L. 49 (2018): 131, 134-135;
- Sam Ricketson, "People or machines? The Berne Convention and the changing concept of authorship", Columbia VLA Journal of Law & the Arts 16 (1992): 1, 34. See also Tanya Aplin and Giulia Pasqualetto, "Artificial Intelligence and Copyright Protection" in Regulating Industrial Internet Through IPR, Data Protection and Competition Law, eds. Rosa Maria Ballardini, Petri Kuoppamäki and Olli Pitkänen, (Kluwer Law International, 2019), §5.04.
- See e.g., Bernt Hugenholtz and Joao Pedro Quintais, "Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output?" IIC -International Review of Intellectual Property and Competition Law 52 (2021): 1190 (mentioning that "although EU copyright law nowhere expressly states that copyright requires a human creator, its 'anthropocentric' focus (on human authorship) is self-evident in many aspects of the law"). See also e.g., Frosio, "Four Theories", 162-163;
- Jean-Marc Deltorn and Franck Macrez, "Authorship in the Age of Machine Learning and Artificial Intelligence", CEIPI Research Paper No 2018-10 (2018): 22-23, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3261329; Jean-Marc Deltorn, "Deep Creations: Intellectual Property and the Automata", Frontiers in Digital Humanities (2017): 8, https://www.frontiersin.org/articles/10.3389/fdigh.2017.00003/full. 94 · DOI
- Oren Bracha, "Not de Minimis: (Improper) Appropriation in Copyright", American U. L. Rev. 68 (2018): 139. 148 See e.g., 17 USC § 107;
- See Jiarui Liu, "An Empirical Study of Transformative Use in Copyright Law", Stanford Tech. L. Rev. 22 (2019): 163, 166;
- Cf. Daniel Gervais, "AI Derivatives: the Application to the Derivative Work Right to Literary and Artistic Productions of AI Machines", Seton Hall L. Rev. 52(4) (2022): 1111, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4022665. 160 See Jewelry 10, Inc. v. Elegance Trading Co., 1991 WL 144151 (
- See Nikhil Vyas, Sham Kakade, Boaz Barak, "On Provable Copyright Protection for Generative Models", arXiv:2302.10870 [cs.LG] (2023), https://arxiv.org/abs/2302.10870. 168 See Stable Diffusion Version 2, https://github.com/Stability-AI/stablediffusion. See also Matthias Bastian, "Stable Diffusion v2 removes NSFW images and causes protests", The Decoder, November 26, 2022, https://the- decoder.com/stable-diffusion-v2-removes-nude-images-and-causes-protests. 169 · arXiv
- Reiner Kraakman, "Gatekeepers: the Anatomy of a Third-Party Enforcement Strategy", Journal of Law, Economics and Organization 2(1) (1986): 53. 170
Cited by
Al-Busaidi, A. S., Raman, R., Hughes, L., Albashrawi, M. A., Malik, T., Dwivedi, Y. K., Al- Alawi, T., AlRizeiqi, M., Davies, G., Fenwick, M., et al. (2024) · Journal of Innovation & Knowledge · doi:10.1016/j.jik.2024.100630 · Cited by 95
Metadata
- Authors
- Frosio, G.
- Venue
- Recreating Creativity, Reinventing Inventiveness
- Publisher
- Routledge
- Published
- 2024-04-02
- Pages
- 3-44
- Cited by
- 14
- References
- 0
- Language
- en
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