First Page
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Abstract
Artificial intelligence (AI) is reshaping our view of reality. The interaction between human creativity and generative AI presents both opportunities and challenges concerning free speech and innovation. AI’s transformative impact on perceptions of innovation complicates discussions surrounding creativity and societal expectations. A human-centric perspective in the debate over government-mandated transparency for AI-generated creative works reveals a notable conflict. This conflict arises from the need to balance the protection of human creativity with an apparent obligation to provide information about the human or nonhuman origins of creative works. As society increasingly relies on AI technologies to produce art, literature, and other forms of creative expression, classifications of speech as “AI-generated” impact public perception of creativity and creator rights. This complexity evokes a dialogue that considers the implications of labeling creative works as “AI-generated” while ensuring that human contributions and perspectives are not overshadowed. Tension arises because many content creators are incorporating AI-generated elements into their innovative projects. This Article advocates for the rights of artists and content creators to maintain confidentiality regarding the presence of AI-generated elements in their creative work. As the field of AI-generated media rapidly evolves, this Article advocates for democratizing AI-assisted digital output by establishing a sui generis framework that will counter government efforts to categorize such content. The sui generis framework proposes that individuals should not be obligated to reveal whether their creations incorporate outputs generated by artificial intelligence, allowing them more creative freedom and personal autonomy over their creative processes. Furthermore, the Article examines the role of transparency in AI-generated works for consumers and explores the impact of technology on creator rights and intellectual property.
Recommended Citation
Darrell G. Mottley,
Metaphysical Quandary of Synthetic Media Transparency,
28 Vanderbilt Journal of Entertainment and Technology Law
67
(2025)
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol28/iss1/2