Artificial Intelligence (AI) has undergone remarkable advancements in recent years, impacting the nitty-gritty of our lives. As this technology continues to evolve, it is crucial to understand and adapt to the changing dynamics that AI brings forth. Generative AI for instance has revolutionised the creation of images, enabling the generation of realistic and novel visual content. With an increasing number of brands and organisations using AI to create campaigns, it raises questions on whether or not these images belong to the said person and if they do are they liable to somebody else for this? As this technology evolves, it is crucial to navigate the legal and ethical considerations that arise to reduce the conflict.
Recently brands such as Zomato and UpGrad used Generative AI to generate images for their new campaign using image generators such as Midjourney and Stable Diffusion. They received severe backlash raising ethical and legal questions by the image generator companies. Soon both UpGrad and Zomato had to take down the post.
While AI uses the artworks of artists as reference points which questions the Intellectual Property Rights of the artist, there is a lot of time, effort and resources spent in training the AI tools and when big brands utilise these tools without paying the due share, it seems like an infringement of rights. However, as AI is yet a dynamic field, there are no specific laws and rights laid down for the use of AI right now. Let us understand some of the major legal as well as ethical questions the increasing use of AI raises.
Also Read: Threads, an Instagram App, is Now Available Worldwide
Intellectual Property Rights
Generative AI images can potentially infringe upon intellectual property rights. Care must be taken to ensure compliance with copyright laws and to verify the licensing and ownership rights of the training data used. Avoiding copyrighted or trademarked material in the training data is essential to prevent any legal issues.
Data Privacy
The use of AI models often necessitates vast amounts of data. However, it is vital to ensure that the data used for training adheres to privacy regulations and does not include personally identifiable information without appropriate consent. Safeguarding data privacy is crucial throughout the AI development process.
Consent and Ownership
Obtaining consent from individuals whose images are included in the training data is of utmost importance. It is essential to clarify who owns the generated images and whether any rights are transferred or licensed through their creation. Establishing clear legal guidelines regarding ownership and usage rights is necessary to prevent disputes.
Misuse and Harm
AI images can be misused for malicious purposes, such as creating deepfakes or spreading misinformation. There need to be legal laws as well as practising ethically sound practices on behalf of brands that must exercise responsible use of this technology to prevent harm, avoid defamation, and respect the well-being of individuals or communities depicted in the images. Proactive measures should be taken to address potential risks and mitigate the negative impact.
Transparency and Disclosure
When sharing or using generative AI images, transparency is crucial. Disclosing that the images are generated by an AI system, rather than real photographs, helps avoid deception or misleading implications. Transparent practices build trust and ensure that users are aware of the nature of the content they are interacting with. With large information being consumed by audiences daily, the liability of clarification lies with the brands to disclose the source of images.
Bias and Fairness
Generative AI models are susceptible to biases present in the training data, potentially leading to unfair or discriminatory outcomes. Practitioners must be mindful of bias and actively work to address it by using diverse and representative training data. Regular evaluation and monitoring of the model’s performance are necessary to identify and rectify any biased behaviour.
Social and Cultural Implications
Generative AI images can have far-reaching social and cultural implications. Therefore, not only legal but ethical framework is also necessary. It is also essential to consider how these images may impact individuals or communities and whether they align with societal norms and values. Engaging in discussions and seeking diverse perspectives can help mitigate potential unintended consequences.
As AI technology advances, navigating the legal and ethical dimensions of working with generative AI becomes increasingly important. By being mindful of intellectual property rights, data privacy, consent, responsible use, transparency, bias, and social implications, practitioners can foster an environment of ethical and responsible AI deployment. Continuous awareness, adherence to legal frameworks, and collaboration among stakeholders will help shape the future of generative AI image usage positively and inclusively.
