The gaming industry has been a pioneer in the application of artificial intelligence (AI). From automating non-player characters (NPCs) to enhancing graphics and personalizing gameplay, AI has been a game-changer. As the industry evolves, the focus shifts towards revolutionizing game development and gameplay.
Generative AI, the future of gaming
Generative AI is set to revolutionize game development by automating content creation, reducing development time, and expanding creative possibilities. While it cannot yet create a complete video game independently, it can generate components like narratives and visuals. No-code software tools powered by generative AI are gaining popularity, simplifying the development process and allowing developers to focus on creativity and innovation.
Generative AI is also expected to enhance gameplay personalization, allowing players to contribute to the creation process and generate their game components. This blurs the lines between developers and players, potentially creating a unique gaming experience for each player. However, generative AI also raises questions about copyright infringement and the protection of these new creations.
Copyright challenges in AI training
A significant legal challenge for game studios is ensuring that machine learning on pre-existing datasets does not infringe copyright. The training of generative AI models on large datasets and online materials has led to several disputes worldwide, primarily based on copyright infringement and the applicability of any exceptions.
In the EU, AI development is considered under the text and data mining exception to copyright infringement provided under the EU Directive 2019/790. In France, a decree establishes that the right of opposition under the text and data mining exception can be expressed in the terms of use of the online service. In Germany, the EU text and data mining exception have been implemented in the German Copyright Act. The UK, however, has not implemented the EU text and data mining exception.
Copyright Protection of AI-Generated Gaming Creations
Another question generative AI raises in copyright law is the ownership of rights to AI-generated creations. In the gaming context, this question arises for both the AI creations initiated by game developers and those resulting from player interaction.
In France, creations created by computer systems can benefit from copyright protection if they show even the slightest hint of originality intended by the author. In Germany, while the AI system itself will generally be protected, results wholly created by AI will not. In the UK, a copyright-protected work may be computer-generated, but the work must nevertheless be original for the copyright to subsist.
Copyright protection of player creations using generative AI
Game players’ contributions are expected to be the most significant advancement of the games industry, enabled by generative AI. However, there are additional infringement risks as players may seek to input prompts that take inspiration from third-party assets.
The EU’s draft AI Act and copyright
The EU Commission proposed an Artificial Intelligence Act on 21 April 2021. The European Parliament’s position adopted on 14 June 2023 contains several references to generative AI and copyright. What adjustments must be made to the law to restore some order to blatant infringement by AI tools?
Generative AI will undoubtedly advance the gaming industry, enabling streamlined development processes and empowering players to enhance their gaming experience. However, the resulting copyright issues raise considerable challenges, which will undoubtedly be at the core of future statutory and case law developments.
