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Copyright in Generative Deep Learning

Franceschelli, Giorgio; Musolesi, Mirco; (2022) Copyright in Generative Deep Learning. Data & Policy , 4 , Article e17. 10.1017/dap.2022.10. Green open access

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Abstract

Machine-generated artworks are now part of the contemporary art scene: they are attracting significant investments and they are presented in exhibitions together with those created by human artists. These artworks are mainly based on generative deep learning (GDL) techniques, which have seen a formidable development and remarkable refinement in the very recent years. Given the inherent characteristics of these techniques, a series of novel legal problems arise. In this article, we consider a set of key questions in the area of GDL for the arts, including the following: is it possible to use copyrighted works as training set for generative models? How do we legally store their copies in order to perform the training process? Who (if someone) will own the copyright on the generated data? We try to answer these questions considering the law in force in both the United States and the European Union, and potential future alternatives. We then extend our analysis to code generation, which is an emerging area of GDL. Finally, we also formulate a set of practical guidelines for artists and developers working on deep learning generated art, as well as some policy suggestions for policymakers.

Type: Article
Title: Copyright in Generative Deep Learning
Open access status: An open access version is available from UCL Discovery
DOI: 10.1017/dap.2022.10
Publisher version: https://doi.org/10.1017/dap.2022.10
Language: English
Additional information: © The Author(s), 2022. Published by Cambridge University Press. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.
Keywords: deep learning, intellectual property, machine-generated artworks
UCL classification: UCL > Provost and Vice Provost Offices > UCL BEAMS > Faculty of Engineering Science
UCL > Provost and Vice Provost Offices > UCL BEAMS > Faculty of Engineering Science > Dept of Computer Science
UCL > Provost and Vice Provost Offices > UCL BEAMS
UCL
URI: https://discovery.ucl.ac.uk/id/eprint/10147315
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