Multiple debates still surround the intersection of AI, copyright, and CC licenses.
- Does unauthorized use of copyrighted works in LLM training data equate to copyright infringement? Opinions vary widely, and legal challenges continue.
- Who, if anyone, can own the copyright to a work created by generative AI? So far, the Copyright Office has indicated that "human authorship is required for copyright protection, that it will refuse to register works solely generated by AI, and that any material which is not the product of human authorship must be disclaimed on a registration application." Some works have had only specific human-created components registered, while other items containing "more than a de minimis amount of AI-generated work" have been rejected for registration. (quotes from "AI and Copyright Law in 2023," Rachel Kim)
- Is it automatically permissible to use Creative Commons/CC-licensed content in generative AI models? This is not necessarily a given; it depends on the precise CC license applied and how the content is used. For more details, reference these two resources from Creative Commons: "Understanding CC Licenses and Generative AI," and "FAQ on AI & CC." These include a terrific flowchart for analyzing use!
Further Resources on Copyright Issues in GenAI
