

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living.

SIMON SAYS STAMPS PUBLIC DOMAIN FREE
Faced with the choice between using an AI-generated work, which according to the status quo of EU copyright law today is likely to be free from copyright protection, and a human-authored work, for which a user needs to secure permission, some have suggested that users will prefer the former. AI processes will be able to produce a large number of works extremely quickly. Proponents of extending copyright protection for AI-generated works suggest that absent copyright protection for such works, creativity would be stifled and various industries where purely AI-generated works are abundant will suffer underproduction. Consequently, it is not clear whether copyright protection would still subsist in many of these newly emerged works. In many computational creativity projects in the fields of art, journalism and music, the heavy reliance on AI stretches the causation bond between the human author and the final creative output to breaking point. In EU copyright law, a central requirement for protection is human authorship and, specifically, the human’s clear stamp of free and creative choices in the final output ( here and here, among many others). The research positions copyright law within the EU’s constitutional limits to consider whether the EU legislative competences allow for the expansion of copyright protection to purely AI-generated works. In this upcoming paper, this author takes a different approach to this hot topic. The academic debate has revolved mostly around copyright law rationales, the human-centred authorship requirement, as well as the notions of creativity and originality. One important question has been whether copyright law should be extended in order to protect such works. Voices emerged questioning whether current EU copyright laws should be amended in light of the many AI-generated works that have come about.

Works generated through complex AI systems, such as machine learning and text-to-image generation models, have recently stirred up many discussions and even given rise to lawsuits ( here and here ).
