The increasing use of artificial intelligence (AI) in creative processes is raising multidisciplinary issues regarding the use of copyrighted material for the training of AI systems and the uncertainties related to the products generated from these systems. This paper explores the regulatory, ethical, and social challenges posed by the collaborative creation between humans and AI, referred to metaphorically as “coauthorship.”
The term “coauthorship” used in this text’s title doesn’t imply that AI systems can be literal co-authors. As explained below, only humans can hold authorship. The anticipated trajectory is that AI tools will become as integral to our creative endeavors as computers and software have been in recent decades. Here, the “coauthorship” is metaphorical, indicating that humans will increasingly benefit from the capabilities provided by AI systems, enhancing the effectiveness of our creative works.
The paper explores the definitions and possibilities of generative AI, illustrating its potential to create content like text, images, and music. It offers a brief historical context of technological advancements and their impact on creative industries.
Four main axes of regulation are proposed: legal norms, social norms and ethics, market dynamics, and architectural considerations. The paper emphasizes the importance of distinguishing between passive and active uses of AI, the need for transparency in AI-assisted works, and the possibilities offered by personalized AI systems to reshape copyright ownership.
Legal uncertainties may persist, as the law is always trying to regulate, a posteriori, what is already a reality. For this reason, the legality of use of copyrighted material for training AI and the attribution of authorship to AI-generated content remain uncertain. Ethical concerns focus on the challenges faced by human artists and the integrity of their creative works. Market dynamics reflect the emergence of new business models that could benefit creators and AI developers alike.
Finally, architectural considerations analyze the development of open-source AI platforms to promote innovation and collaboration while addressing security and ethical risks. The paper concludes that the challenges of AI in creative industries require a multidisciplinary approach to develop the necessary innovative regulatory frameworks.
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Sergio Branco is the Director of the Institute of Technology and Society of Rio de Janeiro.
