Why are Generative AI Companies being sued? Explore These Legal Challenges of Generative AI

Svetlana Makarova
5 min readJul 23, 2023

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Generative AI is an immensely promising technology that has the potential to revolutionize industries and improve the way businesses operate.

As a Group Product Manager, in my own work, I’ve been fascinated by the possibilities that Generative AI can offer and how it could improve existing products, as well as allowing us to stand-up new, innovative products quite easily.

Whether you are part of a dynamic start-up, an established organization, or even a solo-entrepreneur, understanding the multifaceted aspects of Generative AI is crucial in leveraging its potential mindfully.

The allure of Generative AI lies in its versatility and capacity to transform traditional practices across various sectors.

For content creators, too, Generative AI opens new doors.

Legal Challenges

As word spreads about Language Model Models (LLMs) and their diverse use cases across different companies, content creators have taken notice.

However, concerns have been raised by the very individuals whose content is utilized to train LLMs.

They argue that generative AI companies may be profiting from their creative work without providing proper credit or adequate compensation.

Image by Ezequiel Octaviano from Pixabay

While the promise of Generative AI is undeniable, its rapid advancement also brings about a set of legal challenges that we’ll be discussing in this article.

We will delve into the legal challenges confronting generative AI companies and explore some legal cases that have recently arose pertinent to this space.

Copyright Infringement

One of the most significant challenges for companies leveraging generative AI is navigating the intricate landscape of copyright infringement.

LLMs are trained on vast datasets, some of which may contain copyrighted text and code.

When an LLM generates content that resembles to copyrighted material, it could lead to copyright holders taking legal action for infringement.

Example: The 2022 class-action lawsuit against tech giants Microsoft, GitHub, and OpenAI, where their code-generating AI system, Copilot, reproduced licensed code snippets without providing proper credit, raising copyright law concerns.

Trademark Infringement

Trademark infringement poses another challenge. LLMs have the capability to generate text that resembles trademarked phrases or logos.

When this text is used for commercial purposes without authorization, it may result in trademark infringement lawsuits.

Example: The 2023 lawsuit against Midjourney and Stability AI, where their AI tools, trained on web-scraped images, led to the unauthorized use of copyrighted images, sparking trademark violation allegations.

Privacy and Data Concerns

Privacy issues come to the forefront when LLMs inadvertently generate text that discloses personal information about individuals.

The failure to adequately safeguard this data can lead to privacy violation lawsuits against the generative AI company.

Example: The 2023 lawsuit against Stability AI, accused of using millions of images from Getty Images’ site without permission, violating privacy policies, and resulting in financial losses for Getty.

Content Creators’ Concerns

Amidst the excitement surrounding Generative AI, content creators’ concerns cannot be overlooked.

Image by Welcome to All ! ツ from Pixabay

As the technology gains popularity and widespread adoption, the importance of proper credit and fair compensation for the creators whose work is used to train LLMs becomes paramount.

Example: The ability of Generative AI to author content in a specific creators’ voice, whether text or media, has triggered some of these concerns.

The Promise of Generative AI

Generative AI has emerged as a game-changer across industries, offering an exciting array of possibilities that can significantly transform traditional practices.

Its potential spans various domains and use cases, from optimizing marketing efforts and content creation to enhancing legacy systems with newfound efficiency.

Let’s delve into some specific use cases of Generative AI and explore a few success stories that have already made an impact in the industry.

Marketing and Advertising Optimization:

Generative AI is revolutionizing the world of marketing and advertising by providing innovative ways to create captivating content.

By analyzing vast amounts of data, Generative AI can predict customer behavior and preferences, enabling businesses to deliver precisely targeted advertisements that resonate with their audience.

Especially in the field of marketing, contextualization and personalization are key in getting users to act.

This level of personalization can lead to higher engagement rates, improved conversion rates, and ultimately, increased revenue for businesses.

Content Creation and Writing Assistance

Generative AI has become a valuable tool for content creators, writers, and journalists.

These AI-powered systems can assist in generating high-quality articles, blog posts, and social media content, saving time and effort for content creators.

AI-powered language models can provide creative ideas, structure content, and even offer suggestions to improve the overall quality of the writing. These tools can help writers generate engaging headlines and meta descriptions, all the way to suggesting an outline for an entire book!

This capability not only enhances productivity but also ensures a consistent tone and style in the content produced.

Creative Design and Art Generation

Generative AI has also made significant strides in the realm of creative design and art generation.

Image by Alexandra_Koch from Pixabay

Artists and designers can leverage AI algorithms to create unique and innovative visual artworks, animations, and designs.

By training AI models on vast datasets of art and design, these systems can generate new ideas, styles, and concepts that push the boundaries of creativity.

These systems, as an example, can generate sketches that artists can then iterate and expand upon. This synergy between human creativity and AI innovation has the potential to spark entirely new art movements and creative expressions.

Healthcare and Drug Discovery

Generative AI is transforming the healthcare industry by enhancing patient care.

Image by fernando zhiminaicela from Pixabay

For example, AI-powered algorithms can analyze vast amounts of biomedical data, leading to the identification of potential drug candidates and personalized treatment options for patients.

Moreover, Generative AI is revolutionizing medical imaging, enabling more accurate diagnoses and early disease detection through sophisticated image analysis.

Last Words

As we explore the potential of Generative AI and witness its transformative impact across various sectors, we must also be mindful of the challenges this technology presents.

Generative AI is revolutionizing marketing, content creation, design, and healthcare, software development, and so many other application cases of this technology!

However, this rapid advancement has led to legal challenges, particularly in areas such as copyright infringement, trademark violations, privacy and data concerns, and content creators’ rights.

By acknowledging and being mindful of these challenges, we can harness the power of Generative AI in a way that can benefit everyone.

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Svetlana Makarova

Group Product Manager. 10+ years experience in Product Management. Passionate about entrepreneurship, innovation & strategy, and AI technologies