INDEXTRACK: STRATEGYTRACK: CREATIVE

Subject ID

M05-LES

UNCLASSIFIED
Module 05

lesson 1

Lesson 1: Authenticity, Originality, and Copyright in the Age of AI

Objective

  • Students will be able to articulate the challenges and current legal landscape surrounding authenticity, originality, and copyright for AI-generated creative works.

Key Ideas

  • The Concept of Originality in Creative Work
    • Traditionally, originality implies human authorship and a minimum degree of creativity.
    • How does AI, which learns from existing data, fit into this?
  • Authenticity: Human Touch vs. AI Efficiency
    • Concerns that AI-generated content lacks a "soul" or genuine human emotion.
    • The value of human imperfection and unique perspective.
    • Can AI simulate authenticity, and is that enough?
  • Copyright Challenges with AI-Generated Content
    • Who owns the copyright?
      • The AI developer?
      • The user who prompted the AI?
      • No one (public domain)?
    • Training Data Issues: Is it fair use to train AI models on copyrighted material without permission?
    • "Substantial Similarity": How do we determine if AI output is too similar to existing copyrighted works?
    • Current Legal Landscape: Briefly discuss recent court rulings and legislative efforts (e.g., US Copyright Office stance on human authorship).
  • Strategies for Navigating the Landscape
    • Human Oversight & Transformation: The more human input and transformation, the stronger the claim to copyright.
    • Transparency: Disclosing when AI has been used in the creative process.
    • Licensing AI Models: Understanding the terms of use for different AI tools.
    • Focus on the "Why": Emphasize the human intention, strategy, and curation behind AI-assisted work.

In-Lesson Activities

  • Copyright Case Study Discussion: Present a simplified hypothetical scenario (e.g., "An artist uses Midjourney to create an image, then heavily edits it in Photoshop. Who owns the copyright?"). Have students discuss their opinions and justify them based on the lesson's concepts.
  • "Authenticity Test": Show students two pieces of creative content (e.g., a short story, a piece of music) – one human-made, one AI-generated. Ask them to guess which is which and explain their reasoning. Discuss the results and the nuances of perceived authenticity.

Talking Points

  • "The legal system is playing catch-up with technology. It's a complex and evolving area."
  • "Your unique creative vision and the effort you put into guiding and refining AI are your strongest claims to originality."
  • "Authenticity isn't just about who made it, but about the intention and connection it creates."

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