Night at the Artificial Museum:

Copyright Law and Artificial Intelligence

Abstract

This essay explores the legal challenges and risks posed by tools associated with artificial intelligence (AI) for the protection, preservation, promotion, and regeneration of digital cultural heritage. In particular, it focuses on copyright litigation over AI training projects. However, it also touches upon other forms of intellectual property protection, such as passing off, trademark law, publicity rights, patent law, and trade secrets. This article considers the implications of copyright litigation in respect of AI projects for galleries, libraries, archives, and museums (composing the GLAM sector). It surveys the host of copyright action over AI projects – looking at literary works, journalism, databases, artistic works, musical works, performances, and cinematographic films. It explores the relationship between copyright law, the Creative Commons, and cultural heritage. It also considers how Indigenous intellectual property will be impacted by AI. The work investigates law reform options in respect of copyright law and AI in the GLAM sector. It also considers comparative perspectives on the regulation of AI – with a particular focus on copyright law, transparency, and AI training materials.