Abstract
The article examines the implications of generative artificial intelligence (GenAI) within copyright law, drawing analogies between the foundational principles of Surrealism, particularly psychic automatism, and the contemporary practice of authors collaborating with GenAI technologies. This phenomenon, in which this article termed as "Artificial Surrealism," highlights the spontaneity and unpredictability inherent in GenAI, reflecting the core attributes of the Surrealist movement. The article identifies and addresses the challenges posed by GenAI, particularly the unauthorized use of copyright-protected works in AI training datasets. It provides a thorough analysis of the European Union's legislative responses, with particular emphasis on the Text and Data Mining (TDM) exceptions outlined in the Digital Single Market Directive, and emphasizes the urgent need for a more effective remuneration mechanism for authors. To address these challenges, the article proposes the establishment of a Collective Licensing with an Extended Effect (CLEE) regime, recommending a remuneration framework administered by Collective Management Organizations (CMOs). This regime aims to ensure equitable compensation for authors whose works are incorporated into GenAI training processes. Additionally, the article advocates for a pro-rata remuneration model for the distribution of revenue, predicated on the extent of each author's contribution to the AI training datasets.
KKeywords: Generative Artificial Intelligence, Copyright, Remuneration, Arts, Collective Management Organizations, Text and Data Mining
KKeywords: Generative Artificial Intelligence, Copyright, Remuneration, Arts, Collective Management Organizations, Text and Data Mining
Original language | English |
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Place of Publication | Munich, Germany |
Publisher | Max Planck Institute for Innovation and Competition Research Paper |
Number of pages | 20 |
Volume | 24 |
DOIs | |
Publication status | Published - 24 Jun 2024 |
MoEC publication type | D4 Published development or research report or study |
Keywords
- Generative Artificial Intelligence
- Copyright
- Remuneration
- Arts
- Collective Management Organization
- data mining
- Innovation
- artificial intelligence
- surrealism
- text and data mining
Field of science
- Law
- Computer and information sciences