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Marks & Clerk contributes to the latest AI Deep Dive from The Drum

As brands rush in to capitalise on image-generating AI models like Dall-E 2 and Midjourney, a growing number of critics have been speaking out against the tendency of these models to plagiarise the work of (human) artists. In the latest, excellent Deep Dive from The Drum, the publication explores this issue - including some potential solutions, featuring insights from partner, patent attorney and expert in  computer-implemented inventions and internet-related technologies: Matthijs Branderhorst

Additionally, as the lawsuit mentioned above should make clear, generative AI raises some legal – in addition to ethical – concerns. Any marketer who is considering integrating generative AI in a campaign would be well-advised to pay close attention to the laws that are likely to grow and evolve around this new technology – including, perhaps, laws intended to protect artists’ intellectual property. “It will be some time before the legal landscape has settled [and] more lawsuits are likely to follow,” says Branderhorst. “But hopefully a balance will be found where both sides [the companies building generative AI models and human artists] win – and not just the lawyers.”

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