Could America's intellectual property laws spell doom for the burgeoning field of generative AI? This video explores the brewing battle over copyright and artificial intelligence. 

New York

The release of Open AI's ChatGPT has accelerated the development of artificial intelligence and warnings about its impact on society.

Rise of AI

Can copyright law stop generative AI?

AI has historically been a bit of a joke. Where were you? Where have you been? I could not sleep. I was having human thoughts. So I got up and had a human cup of coffee. It's been around since the 50s, and despite all its big promises of human-level intelligence, it often seemed ridiculous. Until now. Now AI is a runaway train, and the engine powering this surge of innovation is generative AI, a form of machine learning that creates original text, images, and code based on plain English prompts from the user. Generative AI has been pumping out the hits. Chat GPT is an unprecedented sensation, and large-language model technology is being integrated into everything from search engines to the educational site Khan Academy. Image generation software like MidJourney and StableDiffusion is producing amazing results that surpass human artists in some ways. AI music is rapidly maturing, and AI-generated track featuring imitations of two of music's biggest stars, Drake and The Weeknd, went viral. The results might not be good, but they're not exactly bad either. AI is the hub of growth and excitement in tech. Forget about crypto, NFTs, and the metaverse. What was that anyway? The future is AI. But this technology's capacity for harm is already clear. AI can spew out fakery and nonsense, it might put a bunch of us out of work, and it arguably rips off human creators. Artists such as myself are not given the option to opt out, not given any compensation, and not asked for consent or permission before our images are used. What, if anything, can stop AI, or at least slow it down? The answer is the law. In particular, a rather unlikely branch of the law, copyright. The legal landscape of generative AI is mostly uncharted. There are major controversies in two areas. Input, the human-created data that the AIs train on, and output, the text, images, and code that the AIs create. Here's Bloomberg Law IP reporter Riddhi Setty. When it comes to the input, artists are confused and worried that their art images and text or other things are being used without their permission. On the output side, people aren't really sure whether or not they can copyright or register the works that they've created using AI. The output side is a bit less mysterious because the Copyright Office has basically stated that copyright is limited to, you know, humans. Back in 2014, they declared that this monkey selfie cannot be owned by the monkey. Sorry little buddy, no royalties for you. And more recently, Kris Kashtenova was unable to copyright the images in their comic book because they were AI generated. But this is still a bit murky because the office also stated that an output could be copyrighted if there is sufficient human authorship, whatever that means. They also said the prompts might be copyrightable, and yes, you can currently buy AI text prompts. But these controversies are relatively minor compared to the battlefield that is the input side of image generation. Basically AIs ate the internet, analyzed it, and can now spit out an infinite array of new works that are some kind of transformed synthesis of human-created work. This process could possibly be illegal. To settle this grudge match, let's square off to heavyweights. I mean that figuratively. In this corner, Mark Lemley. He thinks training AIs is not copyright infringement, and he argues that AIs are really just doing something us humans do. If I want to write a fantasy novel, I can't write a Harry Potter book, but I can read a Harry Potter book and hundreds of other books and get a sense of what's in the genre, what works for literature and what doesn't. We're giving machines the same rights that we already give people. And in this corner, Ian B. Crosby. He thinks the way generative AI models train is copyright infringement, and he thinks what the AIs do actually isn't anything like human learning. What they're really doing is creating a collage out of little teeny bits of the original expression, and that the models themselves don't have within them anything like a general idea of the underlying facts. There's no dispute that AIs training on copyrighted images is some sort of legal issue. The legal problem with generative AI is that in order to train a generative AI, you need to copy many, many, many works. But Lemley adds that if you avoid copyrighted work altogether and limit training to works in the public domain, you could end up with AI that sounds like a very old movie. You could have ChatGPT, I guess, train on only text written before 1928. Anything written before 1928 is out of copyright. But it's not going to give you the same story. It's going to give you a very different sounding answer to any question you have. Crosby believes some of the most popular AI models wouldn't exist as we know them without infringing copyright-protected work. Going forward, for these models to improve, you're either going to need better models, better training methods with the existing data that's out there, or you need more human creativity. But in the past, courts have allowed new technologies to infringe the work of human creators if that new technology also has a substantial non-infringing use. Lemley explains. Every time in the past we've had a new technology that has messed with those expectations in the media space, the existing players have said, oh my god, this has to be shut down. All of those things disrupted the market, but they also sort of brought a lot of new opportunities to the world. And I think we're going to find the same is true of generative AI. One of the highest stakes cases now underway is Getty's case against Stability AI, which used Getty's stock images to train its image generation software, Stable Diffusion. Crosby, remember he favors the people making the content AIs are trained on, argues Getty's case is strong because the AI-generated images are competing with Getty's original images. In the case that we have here with Getty Images suit, for example, you're training the AI on stock photographs, which have a licensing market, and the output of the model potentially competes with those stock photographs. In other words, instead of going to Getty and searching for an image description and licensing that image, you can type the description into the AI and it will produce a photorealistic image which you can use in place. That's really problematic. But Lemley argues that the purpose of training AI is not the same purpose that stock images serve. The AI is not interested in using it for the purpose Getty uses it for. They are interested only in learning from it. The purpose is entirely different. What's at stake in upcoming decisions like this is potentially the very future of AI. If we are unwilling to allow generative AI to train and we say, no, go get permission for all of the two billion images you use or don't run this at all, then things just shut down. Ian Crosby disagrees. He thinks generative AI models could train on licensed and public domain works. In fact, there is a market that is emerging for this. Getty, for example, others, Adobe, newspapers that are starting to actually license their bodies of work. And I think OpenAI has actually been going out there trying to get some of these licenses. Lemley warns that excessive restrictions on new technologies could hamper American innovation. I think there is a real risk, as there is with any new technology, that if we shut it down, if we say, no, this is not permissible, before we realize all the things it's capable of, we never actually learn what we're missing. While Crosby cautions that AIs are dependent on human creativity. And if AIs drive human creators out of business, that's the worst scenario of all. If you train another AI on the output of that AI and then you train another AI on that output, it quickly descends into gibberish. Human creativity is the necessary fuel for training these models. If these models essentially wind up putting human creators out of business, they really are going to wind up eating their seed corn. Congress is exploring AI regulations and there are several lawsuits now pending. But it may be a while before we get legal resolution. Whatever these decisions from the courts and Congress are, they will define the future AI landscape.

Large-scale protests at COP30 in Belém, Brazil, have drawn attention to environmental concerns and the preservation of the Amazon rainforest. Inside the summit, negotiations have been complicated by the absence of the United States.

Belém

Protesters block entrance to COP30 climate talks in Brazil

The UN climate talks in Brazil are facing increasing disruption from protesters. Thousands joined the "Great People's March" outside the conference venue to demand action on global warming instead of empty promises.

Thousands join protest at COP30 climate talks in Brazil

Air travel and other government services, including SNAP benefits, are returning to normal following the end of the longest shutdown in U.S. history.

Los Angeles International Airport

Flights begin to get back on track as shutdown ends

The U.S. military is expanding operations in the Caribbean and Puerto Rico amid its deadly boat strikes on alleged drug-smuggling boats, while the Trump administration weighs military action against Venezuela.

Caracas

Trump administration weighs U.S military action in Venezuela

U.S. Secretary of Defense Pete Hegseth announced "Operation Southern Spear" in the Western Hemisphere as U.S. strikes continue in the region near Colombia and Venezuela. CBS News' Eleanor Watson reports.

Hegseth announces 'Operation Southern Spear'

The U.S. has approved the sale of $330 million worth of weapons to Taiwan as tensions rise in the region with China. CBS News' Nancy Cordes reports.

Taipei City

U.S. approves massive sale of weapons to Taiwan

Jeff Bezos's Blue Origin successfully launched its New Glenn rocket on Thursday with NASA twin spacecraft destined for Mars aboard, and in a breakthrough nailed the landing of its booster.

Cape Canaveral

Blue Origin's New Glenn rocket deploys Mars satellites

A three-person crew stranded at China’s space station after their spacecraft was apparently hit by space debris are to return Friday using the craft that brought their replacement crew.

Chinese astronauts return to earth after spacecraft damaged

The AI firm Anthropic says Chinese hackers used its artificial intelligence tools to spy on tech companies, financial institutions and government agencies in what it believes is the first documented case of a worldwide cyberattack with minimal human involvement.

Anthropic says Chinese hackers used its AI chatbot in cyberattack

Senior U.S. military officials have presented President Donald Trump with options for potential military operations inside Venezuela, including strikes on land, sources tell CBS News. Charlie D'Agata reports.

Washington

Trump weighs military plans against Venezuela

U.S. President Donald Trump is ducking press questions about newly released emails connecting him to convicted sex offender Jeffrey Epstein’s criminal activities ahead of an expected vote on releasing all Epstein case files by the U.S. House of Representatives as early as next week.

Trump avoids media’s Epstein email questions

The U.S. government lumbered back to life on Thursday (November 13) after the longest shutdown in U.S. history snarled air traffic, cut food assistance to low-income Americans and forced more than 1 million workers to go unpaid for more than a month. But the deep political divisions that caused the 43-day shutdown in the first place remain unresolved.

U.S. government opens up again but deep political divisions remain

China's factory output and retail sales grew at their weakest pace in over a year in October, piling pressure on policymakers to revamp the $19 trillion export-driven economy as mounting supply and demand strains threaten to further curtail growth.

Beijing

China's factory output, retail sales growth worst in over a year

Germany's government plans to bring back military service, to boost troop numbers to deal with the perceived threat from Russia. But voluntary conscription could become compulsory, if not enough recruits come forward.

Berlin

Germany outlines potential shift to compulsory conscription

As F-35 stealth fighter jets fly missions from a reopened naval base in Puerto Rico and Marines practice beach landings, sources tell CBS News the Pentagon is preparing for possible military action in Venezuela. Charlie D'Agata reports.

Pentagon preparing for possible military action in Venezuela

President Trump's name appears hundreds of times in the newly-released batch of 23,000 pages of records and messages from convicted sex offender Jeffrey Epstein, raising questions about their relationship. Mr. Trump has repeatedly denied any wrongdoing and has called the scandal a "hoax" perpetrated by Democrats.

Trump named hundreds of times in newly released Epstein files

A federal judge has ruled that hundreds of people detained by Immigration and Customs Enforcement during "Operation Midway Blitz" in the Chicago area must be released. CBS News immigration and politics reporter Camilo Montoya-Galvez has more.

Chicago

Judge finds ICE illegally arrested hundreds of people in Chicago

For the first time in six weeks, the U.S. government is open. President Trump signed a bill last night to fund the government through the end of January.

Trump says he is 'willing to work with anyone' on health care

U.S. forces have killed four people in the latest strike on an alleged drug boat in the Caribbean. CBS News national security coordinating producer James LaPorta has more.

U.S. forces kill four in latest Caribbean drug boat strike

Israeli settlers set fire to a mosque in the West Bank on Thursday (November 13) and sprayed racist slogans on its walls, Palestinian residents said.

Jerusalem

Middle East Conflict

Israeli settlers torch mosque in West Bank, residents say

Thailand-Cambodia border tensions escalate days after a US-backed ceasefire agreement breaks down.

Bangkok

Thailand-Cambodia tensions escalate as truce hangs in the balance

A bipartisan group of lawmakers is one step closer to the full release of the Justice Department's documents on Jeffrey Epstein after securing the final signature needed to force a House vote. Scott MacFarlane reports.

House to vote on Epstein files release after bipartisan group push

With the Amazon nearing a tipping point, Indigenous voices are demanding immediate action at COP30, with campaigners saying their protests are a stark reminder that time is running out to stop catastrophic climate change.

Indigenous voices demand action at COP30 amid Amazon crisis

The U.S. government's longest standoff left both parties facing heavy criticism, and neither is likely to claim victory. Millions of Americans felt the impact, from hundreds of thousands of unpaid federal workers to families left without food stamps.

Trump signs deal to end record 43-day U.S. shutdown

Venezuela is preparing a 'massive mobilization' of its military as the U.S.’s largest warship arrives in the Caribbean Sea after U.S. President Donald Trump ordered a military buildup in the region.

Venezuela readying military as U.S.’s largest warship arrives

After 43 days, Congress passes a bill to reopen the U.S. government—Trump to sign spending legislation into law.

Washington County

U.S. House votes to re-open government, Trump to sign bill

Linda Sun faces trial – Prosecutors allege she secretly advanced China’s interests while serving in New York government.

Ex-aide to NY governor accused of being China agent

The House passed a funding bill to end the government shutdown on Wednesday night, sending the measure to President Trump's desk for final signature.

House passes bill to fund government and end U.S. shutdown

Canada’s Foreign Minister Anita Anand met with U.S. Secretary of State Marco Rubio during the G7 summit to discuss defense, trade, and global security cooperation amid growing geopolitical tensions.

Kananaskis

Canada meets with U.S. counterpart Rubio at G7 summit

Venezuela has announced a "massive mobilization" of its military forces, as the U.S. continues its military buildup in the Caribbean. The announcement comes in the wake of U.S. strikes that have targeted at least 20 vessels in the waters around Latin America, killing dozens of people.

See The Full Story

Rise of AI