제 18 호 Copyright of Artificial Intelligence Creations: Agree or Disagree?
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Copyright of Artificial Intelligence Creations: Agree or Disagree?
by Ji-Min Baek, Reporter
As Artificial Intelligence develops rapidly, it has become established in our daily lives and is being used a lot. AI is coming into use in diverse areas that have traditionally been regarded as the realm of humans, such as composition, pictures, novels and so on. According to the current copyright law, AI cannot be the subject of creation. However, with the activation of AI, copyright issues have emerged rapidly for creations learned and created by AI, and accordingly, the biggest issue is whether AI creations fall under the copyrighted work in copyright law.
AI Related to Copyright Controversy
Although there are many AI, in this article, we will focus on ChatGPT and Midjourney, which have become a big issue related to copyright. ChatGPT is an AI chatbot specializing in conversation developed by Open AI, and it is named after Chat and the first letter of Generated Pre-trained Transformer. It is an AI that allows users to enter text in the chat window and have conversations accordingly. In addition, it is more actively used than existing AI in that it is possible to perform tasks in a wide range of fields such as song composition, translation, and PPT production along with answering questions. Midjourney is an AI painter that draws pictures using AI technology and was created by Midjourney AI Research Institute. How to use it is connected to a discord when you access Midjourney, and when you write about the picture you want to draw where you command, Midjourney analyzes it and creates a picture. Generative AI refers to technologies that generate algorithms learned by machines themselves in a form that users want, such as text and images. They use existing creations in learning. Therefore, they are facing controversy over copyright infringement in relation to the numerous times the copyrighted works were used for their learning.
Copyright Issues Related to AI Painter, Midjourney
Through this Midjourney, the Theatre D’opera Spatial painting created by game planner Jason M. Allen was also controversial as it topped the digital art category at an art exhibition in the United States. In response to the controversy, Jason Allen argued, “It is a work that I created by entering instructions in a creative way for 80 hours, so it is no different from drawing with a camera or design software.” In addition, organizers said that the digital art sector allows artistic practices through digital technology, but controversy continued.
Zarya of the Dawn is a cartoon based on Kris Kashtanova writing lines, and Midjourney draws it and the writer places it. In response, the U.S. Copyright Office officially stated that it was difficult to recognize copyright for AI creations, and did not recognize copyright for the image itself, but recognized copyright for the text and the placement of images. Copyright was not recognized in the image generated by artificial intelligence, but the copyright of the part contributed by the artist was recognized.
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Copyright Issues Related to AI Composer, EvoM
EvoM is Korea’s first AI composer, short for Evolutionary Music, and has the meaning of evolving itself and making music on its own. It is developed by the Gwangju Institute of Science and Technology and is composed by learning music theory and creating probable melody. In addition, it can make the music in seconds with a few clicks. In fact, it participated in the song of the singer as a composer and received a copyright royalty. However, the Korea Music Copyright Association belatedly recognized that AI made it and said it would stop paying copyright royalty because there was no legal basis. In response, Ahn Chang-wook, a professor at the GIST, who created EvoM, said, "It is regrettable that AI, the subject of creation, is not protected by creative rights."
Opinion on Copyright of AI Creations
As seen above, copyright issues related to Generative AI are varied, including the copyrighted works they learn. Among them, there are various opinions on whether to recognize the creation of AI, the biggest controversy, as the copyrighted work. Currently, there are no clear regulations on copyright ability of AI creations in Korea. There is an opinion that if AI creations are not protected under existing laws, it will hinder the growth of related industries, and there is an opinion that AI creations are also just as creative as the copyrighted works. On the other hand, there is an opinion that is concerned that recognizing AI creations as the copyrighted works will reduce the scope of human creation. This is because the speed that AI makes creations cannot be kept up by humans, and human creation will gradually decrease in areas such as art. Along with these, there are numerous opinions, including various interests.
Already in other countries, discussions are underway on the copyright of AI creations. In May 2014, Europe issued robotlaw regulation guidelines that stated that the invention and content of AI need to be protected as intellectual property. Japan has already introduced a data copyright exemption clause for learning and has also proposed specific policies for AI copyright policies. The discussion is not expected to end easily as AI creations and copyright issues are intertwined with various interests such as the development of the AI industry, AI developers, users, and existing copyright law. Regarding this complex issue, do you agree or disagree with the argument that AI creations should be protected as the copyrighted works?
Sources:
https://blog.naver.com/kcopastory/222156124508
https://news.sbs.co.kr/news/endPage.do?news_id=N1006933085
https://www.joongang.co.kr/article/25142681#home
https://www.joongang.co.kr/article/25099346
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http://www.digitaltoday.co.kr/news/articleView.html?idxno=470860
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