Exploring Generative AI and Law | Generative Art, Music & Intellectual Property Law

Blake E. Reid — Moderator | Clinical Professor, University of Colorado Law School Daniel Acuña — Associate Professor, Department of Computer Science at the University of Colorado at Boulder Casey Fiesler — Associate Professor, Information Science, University of Colorado Boulder Viva Moffat — Professor of Law, University of Denver Sturm College of Law The second panel of the Silicon Flatirons Conference, Exploring Generative AI and Law: ChatGPT, Midjourney, and Other Innovations, delved into the issues surrounding the use of generative AI for art, text, and music creation. Until recently, AI systems could not produce creative output that were close to human output, but just in the past year AI advances now allow systems to create art, music, books, articles, and other creative output, at levels that meet, and sometimes exceed human output. This raises many novel issues in law, particularly in IP law, such as: - Is it Fair Use under copyright law to take art, text, and other available information to train AI systems?  Should it be? - What about the implications for artists or other creators who may be displaced by this technology? - How should IP Laws address the balance of rights in an era of costless creation? IP rights such as copyright were established during a time when producing high-quality human output, like art and music, required significant investment in time, resources, and talent. As a result, strong IP protections, like a 95-year copyright duration, were put in place to incentivize creativity. The cost of creating some high-quality, human-like creative works has significantly diminished due to AI, making it virtually costless to generate these outputs. Consequently, should IP protections for purely, or mostly, AI-generated outputs be unprotected or at least diminished? https://siliconflatirons.org/events/exploring-generative-ai-and-law/