These cases, and others that are sure to follow, will direct the discourse surrounding Generative AI and IP. However, they only begin to scratch the surface of how the law will evolve to face the new challenges AI presents.
Two critical questions raised by AI in the copyright space are (1) whether AI generated content is protected by copyright, and (2) whether using copyrighted content to train AI is a violation of the owner's copyrights.
As to the first question, the U.S. Copyright Office takes a hardline stance that content output by generative AI is not copyrightable because it is not a work by a human author.
Additionally, the Copyright Office confirmed that AI can be used as a tool in the creative process for an author to "create their works or to recast, transform, or adapt their expressive authorship.
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