Generative AI and Copyright Controversy

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Today, we are familiar with AI technology, which has been growing intelligence and often predicted to be a substitute for humans in doing a job. Now there is AI technology that can create work with only written instructions called Generative AI. Generative AI is an artificial intelligence technology with an unsupervised learning algorithm to create new digital images, video, audio, text, or code through a written command from the user.


For example, chatbot technology such as ChatGPT which can produce various kinds of works, such as poetry, short stories, paintings, and videos by simply typing a command to make these works in tangible form.

Apart from ChatGPT, several other AI technologies also can convert text into works, such as:

  1. Convert text to text provides marketing and sales content solutions.

  1. Convert text to image

Stability AI: this British startup provides a solution for converting text into images.

DeepDream Generator: This open-source platform allows the creation of surrealistic dreamlike images.

Dall-E2: Users can create images based on text descriptions through the application.

Pikazo: this app uses AI filters to turn digital photos into paintings of various styles.

  1. Convert text to music

Soundraw: this Japanese startup provides a solution to create music according to your instructions.

Amper Music: This platform can create music tracks from pre-recorded samples.

Aiva: Users can create original music in various genres and styles through the application.

  1. Convert text to code

GitHub Copilot: this solution is a collaboration between Github and OpenAI, intending to help developers coding.

  1. Convert text to video

Rephrase AI: This Indian startup provides a text-to-video service for avatar videos.

To develop these capabilities, AI developers need original works created by humans, which will be used as a reference by AI in its training process.

AI Training System and Other Creators’ Copyrights

In its development process, AI technology requires data information used as basic knowledge to improve AI intelligence so that AI can create works on written orders typed by humans. Just like the working system of the human brain, humans also need to learn first by collecting information and data to develop their knowledge and intelligence. Then the information/knowledge that has been collected will be processed in such a way by their intellectual abilities and creativity to produce a work.

However, then there was controversy over the law on intellectual property rights in the data collection process used by AI. This is because AI developers use other people’s work (which is already in tangible form) without asking permission from the original creator. For example, what happened in the dispute between Getty Image and Stability AI, Midjourney, and DeviantArt. The AI company is considered to have violated the rights of artists and other creative industry workers by using their works from the Getty Images platform for commercial purposes. Regarding this matter, Stability AI, Midjourney, and DeviantArt were declared by the court to have committed copyright infringement, violated the Digital Millennium Copyright Act (DMCA), and violated several competition regulations in California, United States.

It is essential to ask permission first from the owner of the copyrighted work, where that permission is referred to as a license. It is crucial to ask for a license from the creator to respect their moral and economic rights, especially when other parties want to use it for commercial purposes. So, when the AI company does not ask permission from the original owner of the work, it can be considered a copyright infringement, especially when the owner does not agree to the use of his copyrighted work.

So, what will you do as a business platform that produce the business product in the form of creative work? How to protect your work from being infringed by AI developers? Have you understood the procedures for legal protection so that your business can avoid losses?

Legal Protection As A Preventive Step

If you have a business issue closely related to intellectual property rights, it is essential to have adequate legal countermeasures. You must recording or registering intellectual works that become your business product. However, in doing so, sometimes legal procedures require advice from experienced legal consultants, so that the legal protection of intellectual property rights on your product can run optimally.

Am Badar & Am Badar, a law office focusing on intellectual property rights, have been established for 57 years with competent, professional, and experienced lawyers. We have resolved dispute cases from various well-known companies on an international and national scale. If you want to experience satisfying intellectual property rights legal services, contact us at






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