Detailed · 10 events

AI and Copyright: A History

AI raises two copyright questions: may others' works be used to train it, and is there copyright in what it makes? Japan's Article 30-4, in force from 2019, broadly allows use for information analysis, while in the US newspapers, a photo agency and authors sued AI companies one after another. Registration of a work made by AI alone was refused, and the courts required a human author. Writers and actors wrote AI terms into their contracts. Different answers in different countries, traced through judgments and statutes.

2010s

2020s

In the 2020s the two questions, training and output, began to be decided in real cases. The decade inherited Japan's 2019 provision permitting uses not aimed at enjoying a work. On output, the US Copyright Office refused registration unless AI-generated material was disclaimed, an appeals court required a human author, and the Supreme Court declined the case. On training the answers split: an English judge held that model weights were not infringing copies, and a US judge found training on books fair use but a pirated library not, leading to a US$1.5 billion settlement. Japan's government asked OpenAI to avoid infringement over video generation.

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