GENERATIVE AI AND COPYRIGHT CONUNDRUM

While companies say their models are educated on a vast trove of materials on the Internet and it will be difficult to pinpoint the exact occurrence of infringement, the argument falls flat in creations using the Studio Ghibli style

- 

The celebrated legal academic and copyright law scholar Paul Goldstein, in his copyright treatise, argues that there are two types of copyright law experts: "the copyright optimist" and the "copyright pessimist". The optimist views the copyright’s glass as half full and argues for additional rights to fill the cup to its brim. The pessimist views it as half empty and argues for satiating the copyright owner/ creator with sufficient rights to protect the creative interest, while also arguing for a larger public domain that inspires and facilitates the future of creativity.

The copyright law was created to equip publishers with rights that evolved with the creation of the printing press. The copyright owner is bestowed with ownership over the work for a limited number of years. This is done with the intention of helping the owner to reap the rewards that are offered by the market. Once the ownership period ends, the work enters the public domain, whereby it becomes common for all to use so that the creative sea never dries.

This premise had been challenged by disruptive technologies several times in the past, and the copyright law has adapted to the challenges posed by technology. The law provides certain exceptions to infringement such as private use and non-commercial use. This is again an area where the copyright optimist and the pessimist differ. The pessimist argues for user right and the optimist opposes it.