(By You Yunting) With much attention drawn to ChatGPT, people are interested in discussing whether AI generated works are copyrightable. When I am asked this kind of question, my answer is basically no. However, when I asked ChatGPT, the most well-known AI program, it answered yes. Open AI, ChatGPT developer claimed that it was entitled to benefits from these works. I would like to discuss this issue with you.
|Ask||Is AI generated content copyrightable?|
|ChatGPT Answer||Yes, it is. In copyright law, original works created by individuals and organizations, including natural people and machines are copyrightable. All kinds of AI generated content that is protectable under copyright law, including words, pictures, audio recordings, videos and other forms of content are protected by copyright law.|
|Ask||Can I get a share of profits from sale of AI (or chatgpt) generated works that are protected by copyright law?|
|ChatGPT Answer||Sale or use of a copyright law protected AI generated work (such as a ChatGPT generated text) for other commercial purpose should be subject to license or authorization granted by the copyright owner, i.e. original author or licensor. Sale or use of the content of ChatGPT developed by a company or an individual with its copyright owned by the developer for other commercial purpose should be subject to license or authorization granted by the company or individual. In this case, ChatGPT developer or owner could get a share of the profits in an proportion agreed by the parties or explicitly set out in the authorization or license agreement.|
First, my argument is that no person should be granted copyright in or paid a license fee for AI generated works because they are not copyrightable in nature. Users can claim their rights under the Anti-Unfair Competition Law in case of AI generated work infringement.