Emerging issues Additional issues and essential part of a technological in the materials it was trained on. process the sole purpose of which Game studios considering using third is to enable a lawful use of the party generative AI tools to create work, and which has no economic material assets, including through significance. API integration, should carry out The application of the exception careful due diligence on how the tool to the machine learning context is was trained and obtain contractual currently untested and likely to be protections from the AI provided highly dependent on how the model if possible. is trained. The Getty v Stability AI UK copyright law acknowledges case currently proceeding in the that a copyright-protected work may English High Court may shed light be computer generated, but the work on the issue. Game studios may must nevertheless be original in order find themselves on both sides of for copyright to subsist. The threshold this situation – some may wish for originality is fairly low, but the to train their own generative AI amount of human creative input tools (copyright infringement required has not been tested in considerations don’t arise if a studio the AI context. trains an AI model on materials that It’s therefore advisable for studios it owns, eg from its previous games), using AI to generate material creative whereas others may find their works assets (eg main characters, key are being used for AI training by plotlines) to ensure that prompts third parties. contain sufficient creative content to Where game studios use third party be protected in and of themselves, AI models, the studio is unlikely to be and that the generated output considered liable for the way the third is further amended using human party model was trained. However, creativity. These considerations may the training process will affect be less important where AI is used the risk that the model generates to generate non-material assets, eg outputs that infringe copyright or sound effects and backgrounds. other intellectual property rights 155