The information in this blog is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. We make no guarantees about the accuracy or completeness of the information provided. Reliance on any information in this blog is at your own risk.

Working in the Video Game industry means embracing innovation, pushing creative boundaries, and staying on top of the latest trends in design and technology. Recently, the trend that’s shaken up the industry is the use of artificial intelligence (AI) to produce creative assets for Video Games. The rapid advancement of AI, along with unclear AI policies from publishers and platforms, has left many developers unsure of how to use AI in their Video Games, if at all.

Unfortunately, as some developers are finding out too late, legal issues involving the use of generative AI can lead to significant publishing complications, making this a timely and pressing matter.

In this blog post, we’ll explore some current issues and lawsuits regarding AI-generated content, what the big industry names are saying about the use of AI-generated assets, and how developers can avoid issues with AI elements in their Video Games.

Why Are AI-Generated Assets an Issue in Video Game Development?

Before we get too far, you may be wondering, “How is AI used in Video Game development?”. When discussing AI-generated assets, we’re referring to creative elements within a Video Game that were produced using artificial intelligence algorithms and tools. These algorithms are given vast amounts of existing creative content to analyze, training them to generate original assets that can be used in a Video Game, such as music, characters, environments, dialogue, storylines, and more. While the use of AI offers exciting possibilities for developers, it also opens the door to possible legal repercussions.

Why would AI-generated content come with legal challenges? When the algorithms are trained using images, music, or other creative works that belong to an existing author, it’s not uncommon for elements of protected IP to end up in the final AI-generated asset. If those creative works were taken without permission and used to train the AI model, it could lead to potential copyright infringement claims and other legal consequences. For this reason, it’s crucial for developers to make sure their AI tools are not trained on content that infringes upon existing IP rights.

You might be familiar with some current class-action lawsuits related to AI. Such lawsuits include one targeting Microsoft, GitHub, and OpenAI for their AI coding tool accused of emitting long strings of licensed code. This code was taken without permission from, or credit given to, their authors. Another has Midjourney, Stability AI, and DeviantArt in its crosshairs, alleging the unauthorized use of copyrighted artwork for generative AI. A third involves Getty Images suing Stability AI for similar unauthorized use of their watermarked stock photos. These are all ongoing legal battles, each with potentially precedent-setting consequences for creators, developers, and publishers.

What Are The Major Gaming Brands’ Policies on AI-Generated Assets?

When considering the use of generative AI in their Video Game, developers must also make sure that their chosen platform allows it. Policies surrounding AI in Video Games vary greatly, with some platforms banning AI-generated content altogether, and some allowing for its use within certain parameters. Frustratingly, many big brands still remain quiet regarding their positions on generative AI, leaving studios and developers unsure of the best path forward.

Here are some current stances and speculations on generative AI from major Video Game platforms:

Though a discouragingly low number of brands have shared a clear stance on the use of AI in their Video Games, the rapid adoption of this new technology makes them unlikely to remain silent much longer.

Tips For Avoiding Legal Issues With AI-Generated Assets

Video Game developers who want to include AI-generated assets in their games while avoiding potential issues can mitigate their risk by following these tips. Keep in mind that this advice won’t apply in the case of a blanket policy against AI assets!

By staying informed about platform policies, seeking legal advice as needed, and taking a cautious approach to generative AI in their games, developers can navigate the legal landscape surrounding AI-generated assets with fewer risks.

Conclusion

Using artificial intelligence in your Video Game design can be an exciting and innovative way to enhance creative elements and offer new gameplay features. But, be sure to take the legal implications of AI-generated assets seriously, otherwise what was once a thrilling new project can quickly become a legal headache when it comes time to publish the game.

A Video Game Lawyer is a valuable resource for those unsure of how they should use AI in the development of their Video Games, if at all. Contact us today for a consultation and learn how we can assist with questions regarding the use of generative AI in your Video Game, or to explore publishing options if it’s already been done.

Though the issue of AI in Video Games is one muddled with uncertainty, one thing is clear: using AI in game development comes with significant legal risks.