Copyright Protection for AI-Generated Works
Since the 2010s, artificial intelligence (AI) has quickly grown from another subset of machine learning (ie deep learning) in particular with recent advances in generative AI, such as ChatGPT. The use of generative AI has gone beyond leisure purposes. It has now been widely used to generate music, news articles and image-based art works. This prompts a regulatory interpretation as to how AI-generated works should be appropriately used to eliminate their potential harm to society, but at the same time how it should be protected to foster human creativity and promote a well-functioning market. This article is an update from the author’s evidential report and speech on “AI and Intellectual Property Rights: IPR Protection for AI-Created Work” for the evidence meeting of the All-Party Parliamentary Group on Artificial Intelligence on 24 January 2022. It considers whether AI technologies should be granted status as copyright or patent owners by looking into existing regulations in the United
Since the 2010s, artificial intelligence (AI) has quickly grown from another subset of machine learning (ie deep learning) in particular with recent advances in generative AI, such as ChatGPT. The use of generative AI has gone beyond leisure purposes. It has now been widely used to generate music, news articles and image-based art works. This prompts a regulatory interpretation as to how AI-generated works should be appropriately used to eliminate their potential harm to society, but at the same time how it should be protected to foster human creativity and promote a well-functioning market. This article is an update from the author’s evidential report and speech on “AI and Intellectual Property Rights: IPR Protection for AI-Created Work” for the evidence meeting of the All-Party Parliamentary Group on Artificial Intelligence on 24 January 2022. It considers whether AI technologies should be granted status as copyright or patent owners by looking into existing regulations in the United Kingdom, European Union, United States and China. It further considers how generative AI copyright protection should be managed in the digital society to protect users and strike a fair balance among rightsholders. It argues that it would be beneficial to a well-functioning market if AI-generated works could be subject to collective management of copyright via copyright management organizations within countries. In addition, the article provides mapping of existing legislations in a comparative study and their interpretation for the application of AI-generated works protection and aims to bring together global policymakers and stakeholders to initiate joint efforts to promote international harmonization on intellectual property rights (IPR) protection for AI-generated works. Keywords: artificial intelligence; generative AI; AI-generated works; collective copyright management; computer-generated work; copyright protection.
Executive Summary
The article explores the concept of copyright protection for AI-generated works, discussing the need for regulatory interpretation to balance societal harm and human creativity. It examines existing regulations in the UK, EU, US, and China, arguing for collective management of copyright via copyright management organizations. The article aims to promote international harmonization on intellectual property rights protection for AI-generated works, providing a comparative study of existing legislations and their interpretation.
Key Points
- ▸ The growth of AI-generated works raises questions about copyright protection
- ▸ Existing regulations in various countries are examined for potential application to AI-generated works
- ▸ Collective management of copyright is proposed as a solution for balancing user protection and rightsholder interests
Merits
Comprehensive Analysis
The article provides a thorough examination of existing regulations and their potential application to AI-generated works, offering a valuable resource for policymakers and stakeholders.
Demerits
Limited International Scope
The article primarily focuses on regulations in the UK, EU, US, and China, potentially overlooking the perspectives and laws of other countries, which could be essential for achieving true international harmonization.
Expert Commentary
The article contributes meaningfully to the ongoing discussion about the intersection of artificial intelligence and intellectual property rights. By advocating for collective copyright management, it highlights a potential pathway to balance the interests of creators, users, and rightsholders in the digital society. However, the success of such an approach will depend on the ability of stakeholders to navigate complex legal, ethical, and technological considerations. As AI continues to evolve, the need for adaptable, internationally harmonized IP laws will become increasingly pressing, requiring continuous dialogue and cooperation among policymakers, industry leaders, and scholars.
Recommendations
- ✓ Policymakers should engage in international dialogue to establish harmonized standards for copyright protection of AI-generated works
- ✓ Further research is needed to explore the ethical and societal implications of AI-generated content, informing the development of IP laws that support creativity and innovation while protecting users and rightsholders.
