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AI-Generated Content is Taking over the World. But Who Owns it?

Year of Publication: 2023
Month of Publication: 1
Author(s): Simon Chesterman
Research Area(s): Information Technology and the Law, Intellectual Property
Name of Working Paper Series:

NUS Law Working Paper No 2023/002

WPS Paper Number: LAW-WPS-2302
Abstract:

When artificial intelligence (AI) produces artwork and text indistinguishable from human creations, are the economic foundations of creativity under threat? This paper considers the rise of tools such as Stable Diffusion and ChatGPT and their impact on the knowledge economy. “Knowledge workers” was the term introduced in 1959 by management consultant Peter Drucker for non-routine problem solvers. People who “think for a living” earn through their ability to analyse and write — something that ChatGPT can replicate in almost no time and at almost no cost. The paper argues in particular that there needs to be a clearer position on (i) who owns the content produced by generative AI; and (ii) requirements that that such content be identifiable as produced by AI rather than a human.

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