Keywords
Copyright Infringement; Generative Artificial Intelligence; Fair Use; Copyright Law
Abstract
The importance of protecting artistic works and promoting the creation of new works has been well established since the inception of United States Constitution. Copyright protections were created by Congress to grant authors exclusive rights over how their works are used and any violation of these rights is copyright infringement. This paper outlines why the use of copyrighted material to train generative artificial intelligence (A.I.) systems is an infringement upon the rights of the author and not an exception under fair use. While no court decisions have been rendered on this legal issue, this paper utilizes previous court decisions in Authors Guild v. Google, Inc. (2015), Harper & Row Publishers, Inc. v. National Enterprises (1985), and Hachette v. Internet Archive (2015) to illustrate how the use of copyrighted material to train generative A.I. systems are an infringement and not an exception under fair use. This is a key point to establish as generative A.I. systems continue to be developed, and artists’ works are being used unfairly and without compensation. Creativity and innovation should be encouraged - but not at the expense of the rights of artists. Therefore, this paper suggests that laws be implemented that protect artists’ work while still allowing space for the development of generative A.I. programs.
Thesis Completion Year
2024
Thesis Completion Semester
Fall
Thesis Chair
Foley, Christy
College
College of Community Innovation and Education
Department
Legal Studies
Thesis Discipline
Legal Studies
Language
English
Access Status
Open Access
Length of Campus Access
None
Campus Location
UCF Online
STARS Citation
Lee, Kristin, "Copyright Infringement In The Use Of Copyrighted Material By Generative Artificial Intelligence Programs" (2024). Honors Undergraduate Theses. 150.
https://stars.library.ucf.edu/hut2024/150
Included in
Rights Statement
