Copyright Can Survive in the Age of AI (www.ip.mpg.de)

In a significant ruling, the Munich I Regional Court found that OpenAI's use of song lyrics in AI models constitutes copyright infringement, as users can reproduce these lyrics through prompts. However, legal scholar Josef Drexl critiques this decision as only addressing a minor aspect of the issue. He points out that while traditional copyright protects against imitation, the real challenge lies in how generative AI creates substitution competition, producing new content that displaces human-created works without direct copying. This shift undermines the economic viability of creative professions, especially journalism, which plays a crucial role in democratic societies. Drexl advocates for a rethinking of copyright laws to address the evolving landscape influenced by AI. He proposes a "right to fair compensation" for creators, allowing AI developers to contribute to a fund that compensates artists regardless of whether their specific work was utilized for training. Additionally, he suggests a citizen’s levy to support journalism, ensuring that quality content is prioritized and that journalists are adequately funded. Drexl emphasizes that addressing these issues efficiently requires more than just updating copyright; it calls for innovative regulations that recognize the essential role of human creativity in the era of AI.