IGF 2023 Open Forum #104 Creativity and generative AI

AI is shaking several aspects of the creative industries operations. It has a role in how movies, songs, video games, press ….are created and then finally distributed to consumers. Sometimes AI helps human creators, some other AI operates independently and generates content that is aesthetically equal to, and often almost impossible to distinguish from, artistic and literary works created by humans. In terms of IP public policy, the main challenge consists in making sure that the copyright system remains fit for its historical purpose of incentivizing creativity and availability of cultural, entertainment and educational content. The most pressing and challenging policy questions at intersection between copyright and AI include: • Is there a policy interest in protecting works generated autonomously by machines? Do they deserve protection? • In those instances where AI and humans create together, what kind of human intervention can be considered “creative”? (beyond turning on the PC) • Similarly to painters, composers and journalists, AI needs to train to be able to create new valuable works. In this training process, machines “ingest”/”use” learning material that may consist of creative works . Does this learning practice require previous clearance from right-holders of the material used for training? or shall it be considered a legitimate use within the boundaries of copyright flexibilities? The session a broad debate with few experts and the broad audience.

We plan to use very little time for presentations to enable an open and interactive exchange of views. We envisage to have only two speakers, one of whom online, to provide an introduction to the main policy questions and leave the participants shape the discussion