Infringement or fair use? Why generative AI is a minefield for U.S. copyright law
By Robert Mahari, JD-PhD Student, Massachusetts Institute of Technology (MIT); Jessica Fjeld, Lecturer on Law, Harvard Law School; and Ziv Epstein, PhD Student in Media Arts and Sciences, Massachusetts Institute of Technology (MIT) In 2022, an AI-generated work of art won the Colorado State Fair’s art competition. The artist, Jason Allen, had used Midjourney, a generative AI system trained on art scraped from the internet, to create the piece. The process was far from fully automated. Allen went through some 900 iterations over 80 hours to create and refine his submission. In 2022, an AI-generated work of art won...
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