People want AI, copyright laws will have minimal impact on uptake. The AFF’s not driving the car, they’re along for the ride

While AI tools have the potential to assist human creativity, much like other creative tools that have come before it, copyright protection for wholly AI-generated material is not desirable as a policy matter. Wholly generated AI material that is based on copyrighted works ingested by AI developers without compensating the creator or obtaining their permission to ingest their works has the potential to supplant the market for the ingested works. Policymakers should be discouraging such activities, not incentivizing them by granting legal protection to material manufactured wholly outside of the realm of human authorship. Some have suggested that granting copyright protection to AI-generated works is important to incentivize the further development of generative AI systems and technology. However, the prevalent use of AI tools demonstrates that there are already adequate incentives in place. Today, there exist a large number of AI developers and systems, all who offer varieties of GAI tools that are used across a spectrum of creative fields. That number has grown exponentially over the past year and is likely to continue to increase in the coming months and years. Similarly, the number of AI users and customers has expanded significantly. It is clear that no additional incentives related to the copyrightability of output wholly generated by AI are necessary to encourage AI developers and systems to enter the marketplace and prosper.