Changing the law is key. Existing legislation creates uncertainty.
Dolores Tropiano 24. Interview with Tyson Winarski, professor of practice with the Intellectual Property Law program in Arizona State University’s Sandra Day O’Connor College of Law. "Where AI and property law intersect". Arizona State University. 4-5-2024. https://news.asu.edu/20240405-law-journalism-and-politics-where-ai-and-property-law-intersect
Q: Does the growth of AI necessitate the changing of existing laws in this domain?
A: Congress may need to consider updates to copyright laws to address the use of copyrighted material in training AI models. … The use of copyrighted material without proper authorization raises concerns about infringement and the rights of content creators.
Furthermore, Congress may need to examine the impact of generative AI on traditional notions of fair use and transformative works. Generative AI has the potential to create new works that are derived from existing copyrighted material, blurring the lines between original creation and derivative works.
In light of these challenges, lawmakers may need to explore amendments to copyright law that provide clarity and guidance on how to address the unique issues raised by generative AI technology. This could involve defining new categories of authorship, establishing clear rules for the use of copyrighted material in AI training and updating fair use provisions to accommodate emerging forms of creativity and expression.