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How Generative AI Generates Legal Issues in the Games Industry

By James Gatto on March 9, 2023
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Universal Image Artificial Intelligence

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.

Photo of James Gatto James Gatto

Jim Gatto is a partner in the Intellectual Property Practice Group in the firm’s Washington, D.C. office. He is Leader of the Blockchain Technology and Digital Assets Team and Social Media and Games Team. He is also Leader of the firm’s Open Source…

Jim Gatto is a partner in the Intellectual Property Practice Group in the firm’s Washington, D.C. office. He is Leader of the Blockchain Technology and Digital Assets Team and Social Media and Games Team. He is also Leader of the firm’s Open Source Team.

Read more about James Gatto
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  • Posted in:
    Intellectual Property
  • Blog:
    Game Counsel
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP
  • Article: View Original Source

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