Capture / Paolo Cirio (IT), photo: vog.photo

ARTificial: Legality, Ethics and Aesthetics of Generative AI

Micaela Mantegna (AR)

POSTCITY, First Floor, Conference Hall
Sat 7. Sep 2024 15:25 – 15:45

This session begins by examining the concept of creativity: Can we truly conceive of “artificial creativity”? Is AI capable of true innovation, or is it a tool reflecting human input? 
As AI-generated art becomes indistinguishable from human-created works, should we think of a “Turing test” for creativity?  Does this blurring of lines influence how we legally define or protect such creations?
The session will also showcase examples of how AI is creating new visual narratives and redefining reality by repetition of facts, establishing ontological aesthetics and semantics.

This session begins by examining the concept of creativity: Can we truly conceive of “artificial creativity”? Is AI capable of true innovation, or is it a tool reflecting human input? 
As AI-generated art becomes indistinguishable from human-created works, should we think of a “Turing test” for creativity?  Does this blurring of lines influence how we legally define or protect such creations?
The session will also showcase examples of how AI is creating new visual narratives and redefining reality by repetition of facts, establishing ontological aesthetics and semantics.

We will also challenge if IP philosophical foundations can sustain the rapidly changing digital reality, and whether the systems in place truly serve the artists they claim to protect. 
Tracing copyright history and reflecting on its “negative spaces”, we’ll illustrate the paradoxes of copyright law in the digital age, where frameworks built on philosophical rationales of intellectual scarcity are strained by the new reality of digital abundance.

By examining the frictions that AI poses to copyright and critiquing the fairness of systems for creators, we challenge the notion that expanding copyright to cover training data will ensure financial gains for creators. Moreover, we showcase how the current wave of AI litigation can have unintended consequences for society and creators, by shrinking the definition of “fair use” and the commons.

Language: EN

Bio

  • Photo: Bret Hartm

    Micaela Mantegna

    AR

    Known as the “Abogamer”, Micaela Mantegna is a video-game lawyer renowned for her expertise in AI ethics, XR policy, creativity and copyright law. Currently a BKC Harvard affiliate and a Salzburg Global and TED Fellow, her TED talk earned more than 1.5 million views globally.

    Author of ARTficial: creativity, AI and copyright (2022) and the upcoming Braindancing in the Metaverse: a capitalism of cognitive surveillance, her work explores digital capitalism at the intersections of IP, AI, art, neuroscience and ethics.