Content that is entirely generated by artificial intelligence is not protected by copyright. EU copyright law has a strictly human-centric foundation.
Daniel J. Gervais: 'When you put your name on an article that's written by ChatGPT or Claude, you're basically putting a provenance mark on it saying: I take responsibility for this. I haven't written it, but I'm putting my name on it. That doesn't give you copyright, but it does give you liability for the content' https://euobserver.com/232898/interview-does-copyright-protect-your-ai-generated-content-in-europe-lets-find-out/
Gervais, Daniel J. and Shemtov, Noam and Marmanis, Haralambos and Zaller Rowland, Catherine, The Heart of the Matter: Copyright, AI Training, and LLMs (September 21, 2024). Available at SSRN: https://ssrn.com/abstract=4963711 or http://dx.doi.org/10.2139/ssrn.4963711
"Munich Local Court has held that AI generated logos do not enjoy copyright protection. Neither mere prompting nor the selection between several AI suggestions is sufficient as a human creative contribution. For businesses, this is ambivalent. On the one hand, content generated purely by AI can hardly be protected on an exclusive basis, which has implications for brand building and content strategies" https://www.germanlawinternational.com/intellectual-property/copyright/from-the-printing-press-to-ai-how-the-eu-plans-to-modernize-copyright-law-164154/
EUobserver · 13h [Interview] Does copyright protect your AI-generated content in Europe? Let’s find out By Alejandro Tauber](https://euobserver.com/232898/interview-does-copyright-protect-your-ai-generated-content-in-europe-lets-find-out/)
OddOpinions5@failedLyndonLaRouchite@mas.to: ??
I don't know about EU law, but here in the US, legal questions like this typically take years to get resolved, and many court cases that wind thru the court system
ma𝕏pool@maxpool: My understanding is that interpretive or fundamental questions get definitive answers significantly faster in the EU. They get an authoritative interpretation back typically in less than 1.5 years. The EU is based on civil law, and the US is a common law system. Precedents where interpretations gradually turn into law are the common law way.
OddOpinions5@failedLyndonLaRouchite@mas.to: thankyou, a very polite, well written, and informative reply
Edu@eduzsh@mastodon.social: The awkward part for product teams is the asymmetry: no copyright on pure generation, full liability once you put your name on it. So the protectable work is the human layer, what you selected, edited, and refused. If you cannot point to that layer in the artifact, you own the risk without owning the asset.
