I was asked to comment about the effect of the use of artificial intelligence in the creative industry by Tatler Magazine. The relevant extract is as such-

Concerns over copyright infringement

Foong Cheng Leong, a lawyer in Malaysia specialising in intellectual property, explains that copyright owners have control over their content under copyright law. “AI companies that train their models on content without permission of the copyright owner, whether authors, artists or others, are infringing copyright. That is unless the gathered data is deemed fair dealing, such as for non-profit research depending on the laws of the relevant countries,” he says.

There are privacy issues to consider, too, he says and cites the example of celebrities being increasingly concerned about their image and likeness being captured by AI companies that can later be used to generate their performances with the click of a button.

In late 2023, various groups of authors, including Game of Thrones author George R R Martin as well as visual artists, music publishers and media company Getty Images, filed lawsuits against OpenAI, Stability AI and Midjourney for allegedly misusing their work to train genAI systems.

In Foong’s opinion, AI companies should acknowledge when their models utilise copyrighted or creative works. He adds that platforms could implement rules requiring users to agree to have their content used to train AI models, with the understanding that the original creators would receive some payment for their work. Establishing a system where AI companies must pay a fee to use creative works would help ensure that the creators are fairly compensated for their contributions.

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