Introduction

The article co-authored by Racine Avocats in France and Miller Nash LLP in USA, examines the legal challenges posed by the emerging technology of generative artificial intelligence (AI) and its impact on copyright and related rights. It explores the distinction between AI-generated works and AI-assisted works, and the differences between European and US copyright law in terms of the protection of works generated by AI.

The authors analyse the impact of deep learning technologies and the use of corpora of pre-existing texts, images, and sounds to train AI. They also examine the differences in copyright protection between Europe and the US, including the automatic protection of copyright in the EU and the requirement for registration in the US.

This piece is particularly timely given the recent launches of two major AI-based conversational chat services, ChatGPT by OpenAI and Bard by Google, as well as image generators such as Dall-E. The potential for these generative AIs to automatically generate new content without human intervention raises significant legal challenges.

We invite you to read the full article and gain valuable insights into the legal implications of generative AI and its impact on copyright and related rights.