Navigating the Complexities of Generative AI: A Legal Perspective

The rapid rise of generative AI has significant implications for various industries, including the games sector, where it can be utilized for art, music, code, and more. However, the legal landscape surrounding this technology is still evolving and poses several challenges. Two primary concerns are intellectual property infringement and ownership of AI-generated content. The risk of infringing copyright is high, particularly if the AI is trained on materials without the necessary licenses. Furthermore, determining ownership of AI-generated works is complex, as the law is unclear on who should be considered the author - the person who wrote the AI code, the individual who input the prompts, or someone else entirely. In the UK, the Copyright Designs and Patents Act suggests that the person who made the arrangements for the creation of the work should be considered the author, but this is open to interpretation. The US currently does not protect AI-generated works by copyright, as they do not have a human author. To navigate these challenges, it is recommended to maintain a clear separation between the use of generative AI for inspiration and the final product, keep detailed records of the development process, avoid creating potentially incriminating electronic trails, and consult with legal experts. As the legal landscape continues to evolve, it is essential for studios to stay informed and adapt their practices accordingly to minimize potential risks.