Today, COMMUNIA is releasing Policy Paper #22 against new exclusive rights for AI-generated outputs (also available as a PDF file), in which we present the case against the introduction of a sui generis or related right for AI-generated outputs that fall short of the standards of copyright protection.
Generative AI has seen rapid mainstream adoption. Whether or not the technology is overhyped at the moment, it is likely to have a transformative impact on cultural production and the creative sector simply because of the degree of automation that it can provide. Naturally, the surge of AI as a tool for creative expression has raised a number of questions for coypright law.
The EU copyright framework has all the tools needed to establish whether any given expression created with the help of AI is protected by copyright or any of the related rights that are already in place. While many AI-generated outputs fall short of the originality threshold – and thus are not protectable by copyright – there is no evidence that a new exclusive right is needed. The use of AI does not require additional incentives, particularly as the overproduction of AI content is already drowning out human-created content on many platforms.
To make it easier for individual users to understand whether the creator of any work or output has an interest in its commercial exploitation, we renew our call for the introduction of a registration mechanism.
