When we are talking about AI and its interaction with intellectual property, at first it seems like the first constitutes a threat to the second one, although, it is important to see this, from different points of view.

This issue is not a minor problem, having in account that in the modern time, a lot of authors use AI in their creative process, so at the same time this reality arise two concerns; one of them is determine which amount of human intervention is enough to consider that a work produced in these circumstances, it means, with the help of AI, is copyrightable. 

In the other hand, we are before a huge challenge that is the question of the use of works to train the AI. Those who argue on the base of free use of material to train the AI, has as essential argument that free speech and scientist research are in stake, because the AI can constitutes an important advancement in those two fields; for the other side there is the problem of the absent of authorization, and the lack of remuneration for the authors.

About the first item, related with the human intervention in the creative process, the first and easiest conclusion is that the works produced only  by AI don’t enjoy any protection  by copyright; nonetheless, these could change depending of the countries and how much wants to sacrifice the technological industry and the investment in this field of the economy; just like the big industries of cinema has been befitted in the past by the legislation of copyright this could turn the things the other way.

Respect the other issue mentioned before, it derivate in different situations that are need to be considered  by lawmakers and judges, like remunerations and exceptions to the obligation of get a license or authorization by the owner of copyright; these are subjects to take in account in recent cases like the times v. Chat GPT; also we have  to look what have been happening in countries like Japan, that has proposed a very flexible draft  in order to let the broader as possible the training of AI with copyrighted material.

In order to not prevent the development of the generative AI, and the technology in general, it’s time to make the right questions, and not arrive to premature conclusions, like there is no protection of works produced by AI, or you cannot training the AI with copyrighted material, it’s time to think global once again, and achieve a general consensus, before it overwhelmed us all, and think in the original purposes of IP.