Christine Bateup The rapid rise of generative AI programs is inevitably changing creative work. Whether you view this with disdain, trepidation, excitement, or something in between, an understanding of the intersection between intellectual property laws and generative AI models is crucial for all creatives. In this presentation, I will explore what font designers should know about how generative AI and copyright intersect in an unsettled and rapidly changing legal landscape. My primary focus will be on copyright law in the US. (As a small segue, I’ll also discuss why if you’re in the business of licensing fonts, you should care about US legal developments in this area, even if you’re a non-US font designer.)
In examining copyright issues associated with generative AI, there are two main questions I will focus on. The first relates to input into generative AI models, and whether the use of copyrighted works by generative AI constitutes copyright infringement. The second relates to output: whether the output of a generative AI system can be protected by copyright law, and, if so, who is the copyright holder. Finally, I’ll also briefly discuss how the conceptualization and resolution of some of these questions surrounding generative AI impacts, and arguably helps to clarify and reinforce, the copyrightability of font software in the United States. My aim is to provide an information-rich and thought-provoking presentation that provides font designers with practical information to help them anticipate and address copyright issues arising from generative AI technologies as they relate to typeface design and font software development.