Generative AI: Takeaways for Diligence and Risk Mitigation in Creative Industries
variety.comnew guidance on AI-generated work following its recent decision to cancel a copyright registration for a comic book because of a failure to disclose and disclaim AI-generated images incorporated in it.
This highlights a host of new issues that must be carefully managed as AI tools are adopted among those who rely on copyright, from individual creators to Fortune 500 companies.
This article provides some key takeaways and steps one can take to investigate and mitigate risk from generative AI. AI Cannot Generate a Copyright … At Least for Now Kristina Kashtanova received a copyright registration for her 18-page comic book, “Zarya of the Dawn.” The USCO initiated an inquiry after learning through social media that Kashtanova created her images using Midjourney, a popular subscription-based AI that turns out images from text prompts input by the user.
Kashtanova used “hundreds or thousands of descriptive prompts” until the AI-generated image was “as perfect a rendition of [the comic’s] vision as possible.” According to the USCO, however, Midjourney “generates images in an unpredictable way” that differs from other creative tools, such as Photoshop.
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