![]() This means that many rights owners will not be able to rely on arguments which apply to Getty, leaving many in uncharted territory when it comes to safeguarding their rights.Ĭollins chimes with this assessment, arguing that many rights owners face an impossible task. Getty’s position, however, is also unusual, in that not many rights owners will own so many works that a watermark (or other identification) will appear on an AI’s output.” “At present there is no exception to infringement broad enough to cover such use. This is evidenced because, unusually, the training dataset for Stable Diffusion is open, and some of the images output by the AI include analogues of Getty’s well-known watermark. “While we have not yet seen pleadings, in all likelihood, Stable Diffusion has used Getty images in its training data set, and this is probably an infringement of copyright. However, he emphasises one critical point in the Getty case that may differentiate it from similar, future lawsuits. Such platforms have, historically, denied accountability (for anything from IP infringement to hate speech) on the basis that they merely offer a blank canvas,” says Nichols. “The question of accountability for the output of an AI reflects the accountability of social media platforms for user generated content which they host. Mark Nichols, senior associate at Potter Clarkson, agrees that the owners and users of an AI could feasibly argue that they simply put inputs into a black box and are not responsible for what comes out. But I have no influence over what it writes.” I might ask it to write something because you've asked it to write something. In his view, the defendant’s key strategy in such cases will be to say: “The AI is doing what it does I don't control it. ![]() ![]() “The vast swathes of data available for AI use without any recourse to asking and getting permission for its use from its owner brings into question the very nature of copyright, ownership, plagiarism and, at the heart, identification of the ownership and provenance of data,” he says. He is vehement, arguing that the revolution in AI technologies will create a ‘Pandora’s box’ of IP problems. John Collins, a consultant on the effect of disruptive technology and the founder of The Innovation Foundry, believes these models- and the disputes that have arisen-have highlighted a bigger issue: accountability.
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