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The Impact of the Supreme Court's Goldsmith Decision on Copyright Enforcement Against AI Tools
The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as "art critics." Many, however, downplay how the Supreme Court's decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.
Conversations around generative artificial intelligence (generative AI) are dominating the social stratosphere, as generative AI is regularly atop the headlines within the context of OpenAI's ChatGPT or Google's Bard. By simulating human cognitive thinking, generative AI can produce new types of text, imagery, audio, and synthetic data by using patterns and informational elements obtained from prior works.
Because generative AI often relies on pools of data and third-party creations to create new content, the community at large is concerned that generative AI may, whether intentionally or inadvertently, exploit copyright-protected content to develop purportedly original content. Although not currently being perceived as such, the Supreme Court's decision in Goldsmith just might provide insights on enforcement of copyright against generative AI's misuse of protected works.
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