AI and Copyright: A Comparison

Let's explore how the West and East approach the relationship between creative ownership and AI.

#### The Western Approach

In Western legal systems, the primary concern surrounding AI and creative ownership seems to revolve around disputes between artists and the companies developing AI models. I previously discussed this issue in my piece titled "Originality on Trial: AI’s Challenge to Creative Ownership."

To summarize, the main contention in the West involves artists asserting that generative AI models trained on their creations are infringing on copyright. Conversely, many AI companies and legal rulings argue that AI does not violate these copyright protections.

#### The Chinese Perspective

A recent article in the South China Morning Post highlighted a groundbreaking case regarding AI and creative ownership. Unlike the West, the focus in China is not on artists accusing generative AI of theft or copyright infringement. Instead, the emphasis appears to be on whether individuals utilizing AI for artistic creation can claim copyright for the resulting works.

In a landmark ruling, a Chinese judge determined that individuals who use AI to generate artwork can indeed claim copyright for those creations. As reported:

> "In a historic ruling from last November, the Beijing Internet Court decided that an image produced using the text-to-image software Stable Diffusion qualifies as artwork protected under copyright law, due to the 'originality' and intellectual contribution of the human creator."

This case arose from an intellectual property lawsuit initiated by a plaintiff named Li, who used the US-based StabilityAI's Stable Diffusion program to create an image. Li sued a blogger for allegedly using that image without consent.

What becomes apparent is that, in the West, the battle is focused on safeguarding human artists' ownership of their work, while in China, the debate centers on the ownership of AI-generated creations. In both contexts, AI-created content is gaining traction, but the Western narrative is characterized by resistance from human artists, whereas the Chinese focus is on clarifying ownership of AI-generated works.

Why the Divergence in Approaches?

I believe this disparity stems from differing cultural values. In my earlier article, I argued that the conflict in the West regarding artists' copyright concerns is rooted in our individualistic values. This emphasis on individual expression leads to a heightened focus on the importance of unique human creativity.

Conversely, my hypothesis is that China's more collectivist mindset contributes to a different approach. This is evident in the fact that renowned Chinese dissident artist Ai Weiwei, despite living in the West, doesn't seem as troubled by AI's potential infringement on copyright as many Western artists do.

Moreover, in China, there seems to be a stronger inclination toward prioritizing collective interests. The judge's ruling aimed to establish a precedent that encourages the use of AI-generated content, whereas Western judges often do not prioritize supporting the rights of AI content creators.

This subtle yet significant distinction reflects contrasting attitudes toward AI in both regions. In China, there appears to be a broader acceptance and eagerness to embrace AI and explore its capabilities.

In contrast, while the West leads in AI development, it is simultaneously grappling with internal conflicts regarding its implications. These tensions are likely a result of our individualistic values, which foster fears about AI encroaching on personal rights and ownership, even when such concerns may be unfounded.

Freedom in Egypt vs. the West

To illustrate how cultural context can shape perceptions of freedom, I'll share a personal experience from my time in Dhab, Egypt, shortly after the Arab Spring revolution in 2013. The Western media was vocal about the perceived loss of democracy following the military's ousting of President Morsi, characterizing it as a blow to freedom.

Yet, when I engaged with Egyptians working at my resort, shops, and restaurants, their responses surprised me. They expressed satisfaction with the military takeover, raising a critical question: how could they be content with the loss of democratic freedoms that many had fought for?

They articulated a poignant perspective: "What is the point of democracy if we can’t feed our children and families?"

While the transition to democracy had been tumultuous and violent, the subsequent instability had severely impacted the economy, particularly tourism, leading to widespread hardship.

This experience underscored a vital realization: freedom encompasses both the right to vote and the right to economic stability. If forced to choose, which would you prioritize?

As we approach significant elections in the West amidst fears of societal division and instability, it prompts reflection on what we can learn from other cultures about the essence of freedom. If democracy fails to provide the stability necessary for survival, what does it truly mean?

The Varied Meaning of Freedom

My experiences have taught me that freedom is not universally understood; it carries different meanings in diverse cultures, such as the West, China, and Egypt. This is a concept often overlooked in Western discourse.

While I cherish many aspects of Western life, it's crucial to acknowledge that freedom can manifest in various ways across cultures. The issue of AI and creative ownership exemplifies this divergence, with China appearing to value certain freedoms more than Western nations do.

Ultimately, this difference in perspective may lead to divergent outcomes. With China's robust support for AI-generated content, it is likely to flourish and evolve more readily there.

In contrast, despite hosting leading AI companies, the Western backlash against AI content, particularly from artists, may hinder its development compared to China.

Thus, the assertion holds that China is indeed promoting AI and creative freedom more effectively than the West. What are your thoughts? Do you believe the West upholds greater freedom concerning creative ownership and AI, or do you have a different viewpoint? I invite you to share your insights in the comments as we continue this vital discussion about AI, creative ownership, and cultural perspectives.