Memorandum on Generative AI and Copyright: Recent Trends in the United States and the European Union

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  • 生成AIと著作権に関する覚書－米国とEUにおける最近の動向－
  • セイセイ AI ト チョサクケン ニ カンスル オボエガキ : ベイコク ト EU ニ オケル サイキン ノ ドウコウ

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As various issues related to generative AI have emerged, there has been much discussion in many countries on how to deal with or regulate such issues. One of the problems associated with the use of generative AI is the issue of copyright law. This paper focuses on the United States and the European Union (EU), and introduces some of the relevant trends and provides some discussion. Chapter 1 discusses the Thaler case. In this case, a federal district court held that the author must be a human being, and therefore, a copyright registration as a "generated AI" is not allowed. In Chapter 2, I reviewed the legislative status of the EU AI Act and its contents. It then pointed out that Article 28b4c) of the proposed amendment of the European Parliament is particularly important in relation to the generated AI and copyright. The analysis revealed the importance of discussions beyond the framework of copyright law. In Chapter 3, three ongoing cases in the U.S. were introduced, with reference to Professor Samuelson's two papers during the analysis. As a conclusion, it was shown that copyright infringement is likely not to be established either in the learning stage of the generative AI or in the generation stage of the work. At the end of the paper, a brief evaluation of the above conclusions is made and the relationship with Japanese law is discussed.

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