Who Owns AI?

Abstract

While artificial intelligence (AI) stands to transform artistic practice and creative industries, little has been theorized about who owns AI for creative work. Lawsuits brought against AI companies such as OpenAI and Meta under copyright law invite novel reconsideration of the value of creative work. This paper synthesizes across copyright, hybrid practice, and cooperative governance to work toward collective ownership and decision-making. This work adds to research in arts entrepreneurship because copyright and shared value is so vital to the livelihood of working artists, including writers, filmmakers, and others in the creative industries. Sarah Silverman’s lawsuit against OpenAI is used as the main case study. The conceptual framework of material and machine, one and many, offers a lens onto value creation and shared ownership of AI. The framework includes a reinterpretation of the fourth factor of fair use under U.S. copyright law to refocus on the doctrinal language of value. AI uses the entirety of creative work in a way that is overlooked because of the small scale of one whole work relative to the overall size of the AI model. Yet a theory of value for creative work gives it dignity in its smallness, the way that one vote still has dignity in a national election of millions. As we navigate these frontiers of AI, experimental models pioneered by artists may be instructive far outside the arts.