Regulating AI: Differences Between the U.S. and the EU

Abstract

The topic for this lecture is very much about the future. Basically, we are talking about things we are only starting to see. So, it may still be premature to talk about regulating Artificial Intelligence (“AI”). Not too long ago, several experts and tycoons in the AI community issued an open letter last year saying, in effect, “let’s pause it a bit. Let’s see how to regulate it.”

Since then, we have seen the rise of ever more forms of AI, notably ChatGPT, Stable Diffusion, and all these AI systems and processes of diffusing images, adding noise to them and then de-noising them, so as to subsequently generate a different image or a different audiovisual recording at the request of a prompt. Creators and professionals are concerned about that. And so are we, professors. In fact, AI seems to be a game changer in the world of copyright. We are not Luddites but we are starting to sympathize with them (if I may put it that way). This is how much AI is shaking our lives.