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Is AI Creativity Original? The Legal Battle Over Ownership

Who Holds the Rights to Machine-Generated Works?

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Welcome to this week's edition of The Legal Wire!

We’re dedicated to keeping you informed on the latest in AI regulations, legal tech developments, and expert insights to help you navigate the evolving landscape of artificial intelligence in the legal profession.

This week’s Highlights:

  • AI and Copyright: Can Machines Truly Own Creativity?

  • Headlines From Around the Web You Shouldn't Miss

  • You promised yourself that this summer, you’d finally hire help.

  • AI Tools to Supercharge your producivity

  • Legal prompt of the week

Written by: Nicola Taljaard

Compliance and regulations

AI and Copyright: Can Machines Truly Own Creativity?

The evolution of artificial intelligence is changing the landscape of creativity. From generating artwork and composing music to crafting intricate stories, AI is increasingly venturing into what was once considered an exclusively human domain. But as AI-generated works flood the creative market, a pressing question looms: Can these creations be protected by copyright law, and if so, who owns the rights? Is it the AI, the developer, or the person who prompts the AI? Unfortunately, the answer is far from simple and reveals the intricate interplay between creativity, law, and technology.

The Traditional Framework of Copyright Law

Copyright law has long been the guardian of creative expression, designed to protect the works of authors, artists, and inventors. It grants the creator exclusive rights to use, distribute, and profit from their work, typically for a specified period. But there’s a catch: copyright protection traditionally applies only to works that are original and created by a human. Courts around the world have generally held that a “human author” is a fundamental requirement for copyright.

However, with the advent of AI systems capable of generating creative content, this foundational principle is being challenged. AI tools like OpenAI’s ChatGPT, Google’s DeepDream, and image generators like DALL-E are producing content that seems to rival human creativity. These AI-generated works raise important questions: Can these works be considered “original”? And if so, can an AI ever be recognized as the creator in the eyes of the law?

Headlines from Around the Web You Shouldn't Miss

🔍 Meta Revises Approach to AI-Generated Content Labels (The Legal Wire)

🔍 TechCrunch Minute: Meta acknowledges it’s scraping all public posts for AI training (TechCrunch)

🔍 Facebook admits to scraping every Australian adult user's public photos and posts to train AI, with no opt-out option (ABC News)

🔍 Italy tests AI-assisted teaching in schools to boost IT skills (Reuters)

🔍 Real v fake: how the Harris-Trump debate laid out different takes on AI (The Guardian)

🔍 What an AI legal assistant can do for your transactional work (Thomson Reuters)

Will this be the Next Big Thing in A.I?

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The weekly ChatGPT prompt that will boost your productivity

This prompt is designed to streamline the contract review process, helping lawyers efficiently compare and evaluate multiple agreements. It provides actionable insights on which contract is more favorable, saving time while ensuring strong legal protection. Perfect for navigating complex legal negotiations.:

Prompt: As an experienced contract attorney, analyze and compare two legal contracts for [specific purpose, e.g., partnership agreements, vendor contracts]. Evaluate each contract based on key elements such as liability clauses, termination provisions, payment terms, and compliance with applicable laws. Highlight the strengths and weaknesses of each contract, and provide a final recommendation on which contract offers better protection and benefits for the client. Ensure your analysis is thorough and clearly explained, allowing for an informed decision.

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