From the generation of content and virtual worlds, to the most evolved non-playable characters, artificial intelligence has meant a huge change in the speed of creation, in quality and in variety. However, this revolution has generated many doubts and moral and ethical questions, one of them, who owns the art generated by AI?
The dilemma of authorship
For centuries, we have linked ownership to the artist, the author, the physical person who contributed originality, creativity and quality to the work. But AI is a machine. Can we consider it as the legal author of the works?
We can say that there are three different perspectives:
- AI is a tool, and as such, it requires a human being who gives it instructions, and guides the creative process, so it is the people who are helped by AI and they are the creators.
- AI is the co-creator, since it contributes original and surprising elements that go beyond the initial instructions of the human being.
- AI as an autonomous creator. This is perhaps the most radical, as it means that AI could generate content without the need for a human and could have legal rights over its works.
Implications for the video game industry
The answers to these questions have profound implications for the video game industry:
- Copyright: Who can copyright a work created by AI? The developer, the owner of the AI, or even the AI itself?
- Licensing: How will AI-created assets be licensed? Will the same rules apply as for works created by humans?
- Legal liability: Who is responsible for copyright infringement or offensive works created by AI?
- Innovation: How will this legal uncertainty affect investment in research and development of new AI technologies in the video game sector?
The future of intellectual property
Current intellectual property legislation is not prepared to meet these new challenges. A clear and flexible legal framework is needed to protect innovation while ensuring fairness and equity.