ProLitteris takes the new possibilities of artificial intelligence into account in its work as a collective management organization, in particular in the licensing of uses and in the main distribution (consisting of the Print, Online, Broadcast distributions).
ProLitteris relies on the self-declaration of rightsholders and carries out inspections. In addition, we contact rightsholders in a targeted way if we suspect that AI is excessively at work.
If a rightsholder demands royalties from a collective management organization for a non-protected work, they violate the exploitation conditions and risk legal disadvantages.
The rule of thumb is that AI can be used «as a tool» without disadvantage, but not «as a substitute» for human creation. The topic is new in its scale, but not in principle. Excessive AI involvement is not the only reason that calls the quality of a work into question. Further reasons why a work is not admitted are a lack of individuality (independent of AI), copying or the non-independent adoption of third-party texts, and the lack of recognizability of the author or publishing house in the work.
There is no standardized guidance or regulation of AI-supported creative processes. ProLitteris follows the creation of works in the areas in which AI is popular. Current questions concern the media and, in certain areas, the book trade in view of AI books that are offered as works of an author and a publishing house. Misuses occur here that border on fraud.
We also observe developments in schools, in academia and in arts funding, where differing but also copyright-relevant requirements are being discussed.
A frequent question is: What share may AI have in a human work?
A percentage for AI involvement in the creation of a work does not serve as an answer as long as the calculation and significance of this figure are not established. The share of human and machine cannot be measured and traced without knowing or examining the creation process.
Human elements, including in the creation of works with AI, are possible:
- In the initial idea.
- In the conception.
- In the selection and structure.
- In the specific form depending on the category of work (text, image, music, audio/video of all kinds, three-dimensional works).
- In the authorizing responsibility for the finished work as a result.
The more and the more individual these elements are, the more likely it is that a work protected by copyright is involved.
In the use of AI, individual intellectual elements are expressed in the prompts and chats (high requirements) and in the human preparation and post-editing of AI-generated elements, drafts and results.