Legal issues concerning Generative AI technologies

Abstract

We are witnessing an accelerated technological evolution that has enabled the development of artificial intelligence in various fields, allowing it to gradually infiltrate the entire society. We intend to cover only a small subset of AI technologies in our paper, that of Generative Artificial Intelligence (GenAI). Our objectives are to shed light on the legal issues that GenAI can cause and to find solutions to them. We begin with a definition of GenAI in the much broader context of AI technologies. Answers to a few essential questions are to be found: 'How does GenAI work?', 'What could GenAI be used for?', 'What legal issues could arise from using a GenAI?'. To accomplish our goals, we first conduct a literature review to define artificial intelligence (AI) in general and GenAI in particular. Several lawsuits are chosen to illustrate the magnitude of the legal problems and to test the feasibility of possible solutions in both the national and EU legal systems. Then, we analyse GenAI's output, liability for its contents and for its use, altogether with examples of related contractual clauses.

Keywords

• generative artificial intelligence
• training data
• civil liability
• advertising