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ma𝕏pool (@maxpool@mathstodon.xyz)
mathstodon.xyzDoes copyright protect your AI-generated content in EU? Apparently not. Content that is entirely generated by artificial intelligence is not protected by copyright. EU copyright law has strictly human-centric foundation.
Daniel J. Gervais: 'When you put your name on an article that's written by ChatGPT or Claude, you're basically putting a provenance mark on it saying: I take responsibility for this. I haven't written it, but I'm putting my name on it. That doesn't give you copyright, but it does give you liability for the content' https://euobserver.com/232898/interview-does-copyright-protect-your-ai-generated-content-in-europe-lets-find-out/
Gervais, Daniel J. and Shemtov, Noam and Marmanis, Haralambos and Zaller Rowland, Catherine, The Heart of the Matter: Copyright, AI Training, and LLMs (September 21, 2024). Available at SSRN: https://ssrn.com/abstract=4963711 or http://dx.doi.org/10.2139/ssrn.4963711
"Munich Local Court has held that AI generated logos do not enjoy copyright protection. Neither mere prompting nor the selection between several AI suggestions is sufficient as a human creative contribution. For businesses, this is ambivalent. On the one hand, content generated purely by AI can hardly be protected on an exclusive basis, which has implications for brand building and content strategies" https://www.germanlawinternational.com/intellectualproperty/copyright/from-the-printing-press-to-ai-how-the-eu-plans-to-modernize-copyright-law-164154/
#law #copyright #LLM #AI #iplaw #intellectualProperty #EU

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?
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.