Skip to main content

Insight article

May 11, 2023

Artificial intelligence will be challenged

Ed Sheeran has been defending himself in court against claims that he copied Marvin Gaye’s classic Let's Get It On for his 2014 hit: I’m thinking out loud. And while the songwriter had a successful outcome, copyright experts say the real challenge ahead for Ed is not from other songwriters but from the robots.

artificial intelligence

Photo by Amanda Dalbjörn on Unsplash

Artificial intelligence, or AI, has been hogging the headlines recently. Students pass exams using ChatGPT; a photographer won an international competition with an AI-generated image.[1] And with the coming of age of generative artificial intelligence, 75% of companies say they will be adopting some form of it, according to the latest research from the World Economic Forum.

But as sure as night follows day, claimants will challenge the march of the bots in the courts.

Streaming platforms last month removed a song that used AI interpretation of real-life performers Drake and The Weeknd. The song went viral, but shortly afterwards, the creator, known as @ghostwriter, said that AI trained on the artists’ voices made the song Heart On My Sleeve. As a result, streaming platforms, including Spotify and Apple Music, swiftly removed the song on copyright grounds.

Over recent months, global music publisher Universal Music Group has demanded that platforms take down any AI-generated songs. They have requested platforms to cut off access to their music catalogue to stop developers from using Universal’s songs to train AI technology.

Getty Images has taken legal action against one of the emerging text-to-image AI software companies. Users enter instructions for an image to be created by the software, and Getty is arguing that millions of its images have been used to train the AI, so infringing Getty’s copyright.

Unlike Getty, the image library Shutterstock is actively embracing AI. It has chosen to partner with developers for AI learning. In addition, it offers customers access to AI-generated images on its platform, saying this offers greater confidence as it provides a user licence for such images.

Victoria Holland, head of corporate and commercial at RIAA Barker Gillette, said:

“Whether the Getty case or the @ghostwriter AI-created song prove to be a breach of copyright is yet to be decided, but for now the law is racing to catch up with technology,

One of the promises of generative artificial intelligence is to provide creative output for even the most un-creative, but for now, it may equally be a doorway into a quagmire of legal complication. It’s not just the copyright issue that users must consider; they must also recognise that the output from generative AI can be factually incorrect or fabricated.

The quality of the training data and how a user frames a request can create very different results.

In one instance, a regional mayor in Australia was said by ChatGPT to have been involved in fraudulent activity, when he had actually been the whistleblower in the case and it was reported that he was considering a defamation claim against developer OpenAI.

Victoria added:

“The jury is out on the bigger picture of whether AI is a glorious opportunity or an existential threat to society. We’ve seen Elon Musk speak out against its wholesale adoption. Geoffrey Hinton, the so-called godfather of AI, resigned from Google, saying he now regretted his work.

For now, companies and individuals may be well advised to keep a tight rein on their creative use of artificial intelligence.”

Call Victoria Holland today if you have any queries regarding artificial intelligence.

Note: This article is not legal advice; it provides information of general interest about current legal issues.


[1] Boris Eldagsen submitted an AI-generated image titled ‘Pseudomnesia: The Electrician’ to the Sony World Photography Awards 2023. As a result, he won first prize in the creative, open category, later declaring his action and refusing the award.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Family mediation and child arrangements
    What to do when you separate and there is no agreement in place for the children?


    Read more
  • Is your business acquisition ready?
    Is your business ready for an acquisition? Learn key considerations from corporate lawyer Evangelos Kyveris at RIAA Barker Gillette, including growth strategy alignment, financial readiness, logistical preparation, and professional assistance for a s


    Read more
  • Preventing sexual harassment
    Employers are facing a pivotal moment as they brace for new regulations regarding sexual harassment set to take effect in October 2024.


    Read more
  • Why employers need a reflective response to employee beliefs
    Recent tribunal judgments on the freedom to express gender-critical views highlight the growing challenge for employers in safely navigating discrimination in the workplace in the face of increasingly complex social attitudes.


    Read more
  • A spotlight on child arrangements in the UK
    Celebrating National Children’s Day.


    Read more

What they say...

  • Georgina, July 2024
    “We used Peter Wright to act as a conveyancing solicitor in a recent house purchase. We found him approachable, affordable, would return calls, give any necessary advice without being intrusive, and was very thorough in all investigations on th

  • Oggy, July 2024
    “An excellent, professional and importantly, symapthetic service imparted to me from Karen at a most stressful time.” Employment

  • Sarah and Luke Oubridge, July 2024
    “We could not be more happy with the service provided by Herman and his team. From start to finish, we felt listened to, understood and also shared a laugh. Huge thanks.” Wills, tax and trusts

  • Tim Blunn, June 2024
    “My Solicitor (Patrick Simpson) was easy to speak to and very informative throughout my case. I would 100% recommend RIAA Barker Gillette (UK) LLP for employment related issues.”

  • Sabrina, June 2024
    “…mentioned a few complex areas and I appreciated the honesty and clear guidance provided. I would recommend [Pippa Marshall] highly.” Family law – prenup advice

Read more
Send this to a friend