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Copyright and artificial intelligence - why politics now urgently needs to act urgently

Joachim Rodriguez y Romero
Joachim Rodriguez y Romero
Sun., February 2, 2025, 20:15 CET

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Tools of generative artificial intelligence (AI) are quickly used in many areas, companies and organizations to create the content of all kinds. These tools offer both a significant way to promote creative and business activity as well as a significant legal risk, up to existence-threatening scenarios for countless artists.

This is primarily due to the existing ambiguities and lack of legal framework, especially with regard to questions of intellectual property . Generative AI brings with it a variety of risks, problems and open questions that urgently need a political and law solution.

Some even speak of this as the greatest expropriation of intellectual creativity in the history of mankind. This reflects the magnitude of the problem.”

When using generative AI, the interests of authors must finally be observed, the German Cultural Council .

What is the core of the problem?

The German Culture Council has positioned itself in a statement on copyright aspects in the context of artificial intelligence (AI) . It becomes clear that numerous authors, active artists as well as creative minds and companies in the cultural and creative industries are very interested in the application of these new technologies for their work.

They use them and experiment with it. Nevertheless, the German Cultural Council notes, the development of AI not only represents a new technical innovation. Rather, it generates machine -generated results that are increasingly not to be distinguished from human creations and the process of being created cannot be understood by humans. This is a fundamental change, the effects of which have not yet been estimated.

The progressive development of AI models is at a breathtaking pace. In particular, AI models with a general area of ​​application that create content in the form of text, image, audio and video ( "generative AI" ) have developed within a shortest possible time on a central topic of the copyright debate. Generative AI has significant, partly existential -threatening effects on authors as well as on active artists.

This illustration is intended to illustrate the drama of the current debate about copyrights in generative AI and was created with the BILD-KI ImageFlash. The problem: it remains in the dark, which creative creations and training data were used for this and a financial compensation of the creators is more than unlikely at the current time
This illustration is intended to illustrate the drama of the current debate about copyrights in generative AI and was created with the BILD-KI ImageFlash . The problem: it remains in the dark, which creative creations and training data have been used for this and financial compensation of these creators is more than unlikely at the moment

The same applies to other rights holders such as publishers, film and music producers, game developers or broadcasters. In addition, AI is also of great relevance for educational institutions, memory institutions and libraries. Most actors are confronted with different degrees - both with risks and opportunities.

The copyright questions related to AI are often controversial and urgently need clarification. They are now discussed at international, European and national level, regardless of the fact that they have so far lacked a reliable copyright legal framework .

As early as April 2024, the Stanford Law School examined burning questions about copyright Futurelaw Conference 2024

The pace and the implementation of recommendations for action should be significantly faster in view of the immense threat and financial damage to authors around the world.

What does the German Cultural Council demand?

In its statement, the German Cultural Council initially undertakes a copyright inventory and, on this basis, presents initial considerations for possible legal regulations. It is about copyright regulations in relation to the "input" , i.e. the training of generative AI systems, as well as the "output" , i.e. the use of content that was created by generative AI. It is about transparency and labeling obligations when using content generated by AI.

The German Cultural Council calls for a balance of the interests of all those involved, in particular the consideration of the interests of the authors, exercising artists and all other right -wing holders. "

In the event of use, it is imperative that adequate remuneration is paid that the right-wing owners involved in the economic advantages that arise from the use of protected works and services in AI training and subsequent uses.

Overall, the German Culture Council stimulates a comprehensive legal policy discussion of the open copyright questions. This has not yet taken place sufficiently.

The managing director of the German Cultural Council, Olaf Zimmermann , said literally:

"In connection with artificial intelligence, very complex copyright questions arise. If we do not create a secure legal framework in this topic, authors as well as companies in the cultural and creative industries will get into a situation-threatening situation. to be averted from the cultural sector. "

Here is a complete statement by the German Cultural Council on copyright questions related to artificial intelligence.

Owner and Managing Director of Kunstplaza. Publisher, editor and passionate blogger in the field of art, design and creativity since 2011.
Joachim Rodriguez y Romero

Owner and Managing Director of Kunstplaza. Publicist, editor, and passionate blogger in the field of art, design, and creativity since 2011. Successful completion of a degree in web design as part of a university program (2008). Further development of creativity techniques through courses in free drawing, expressive painting, and theater/acting. Profound knowledge of the art market through many years of journalistic research and numerous collaborations with actors/institutions from art and culture.

www.kunstplaza.de/

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AI Art - Art and Artificial Intelligence

In this magazine section, you will find numerous reports and articles about the use of artificial intelligence (AI) in art, design and architecture.

It's not just about the question of how AI can be used in these areas, but also about the impact this has on creative creation.

For while some experts believe that the use of AI will lead to a revolution in art and design, there are also voices from within the industry itself that are skeptical of AI art and AI-powered image generators.

An early example from 2016 of the use of AI in art is the project "The Next Rembrandt". Here, software was developed that created a new painting in the style of the Dutch painter based on data analysis – without human intervention.

The result was surprisingly realistic and clearly demonstrated the potential of this technology even back then.

What does this development mean for traditional crafts? Will they become obsolete or can new opportunities be created?

These questions occupy many people both within and outside the industry alike.

In any case, the connection between art and artificial intelligence offers us exciting insights into possible future scenarios.

We warmly invite you to embark on an adventure of discovery with us!

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