United States:
How Generative AI Generates Legal Issues In The Games Industry
08 March 2023
Sheppard Mullin Richter & Hampton
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Roblox recently announced that it is working on generative
artificial intelligence (AI) tools that will help developers who
build experiences on Roblox, to more easily create games and
assets. The first two test tools create generative AI content from
a text prompt and enable generative AI to complete computer code.
This is just the tip of the iceberg on how generative AI will be
used in games and a variety of other creative industries. Music,
film, art, comic books, and literary works are some other uses. AI
tools are powerful and their use will no doubt be far reaching. In
the near term, so too will the associated legal issues. Some of the
legal issues include:
- Does use of copyrighted content to train models constitute
infringement or is it fair use?
- Can collection of the content itself create liability?
- Is the output of the AI tool protectable by copyright?
- If the output is an infringement, who is liable?
- What are the privacy implications?
For a more detailed overview of these and other potential legal
issues and some steps to help minimize liability, see
here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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