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The legal protection of artificial intelligence-generated work: The argument for sui generis over copyright

Artificial intelligence (AI) is the simulation of human intelligence processes by machines, especially computer systems. As with other elements of society, the modern economy has become more reliant on AI, indicating the potentially great influence it has on innovation. Many previous studies on the status of AI-generated work have focused on its connection to intellectual property (IP) law, mainly under copyright and regulations, and whether this type of work could be protected within the legal framework of copyright. Therefore, an all-inclusive assessment of the fitness of the existing copyright law framework is necessary. While recent discussions have mostly considered AI-generated works. In this paper, we examine AI within the context of the international legal framework of IP rights, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), and national legislation. We conclude that current copyright law is unsuitable for the protection of AI-generat

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Firas Massadeh
· · 1 min read · 5 views

Artificial intelligence (AI) is the simulation of human intelligence processes by machines, especially computer systems. As with other elements of society, the modern economy has become more reliant on AI, indicating the potentially great influence it has on innovation. Many previous studies on the status of AI-generated work have focused on its connection to intellectual property (IP) law, mainly under copyright and regulations, and whether this type of work could be protected within the legal framework of copyright. Therefore, an all-inclusive assessment of the fitness of the existing copyright law framework is necessary. While recent discussions have mostly considered AI-generated works. In this paper, we examine AI within the context of the international legal framework of IP rights, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), and national legislation. We conclude that current copyright law is unsuitable for the protection of AI-generated works and that sui generis is a better option. However, the future legislative path should be specialized legislation addressing not only AI-generated works but also the prohibited acts that might create certain risks for industries. The research adopted a comparative analytical in-depth examination of the international legal framework of intellectual property law.

Executive Summary

This article examines the legal protection of artificial intelligence-generated work, arguing that current copyright law is unsuitable and proposing sui generis as a better option. The authors analyze the international legal framework of intellectual property rights, including the TRIPS Agreement and national legislation, concluding that specialized legislation is necessary to address the unique challenges posed by AI-generated works.

Key Points

  • The existing copyright law framework is inadequate for protecting AI-generated works
  • Sui generis is proposed as a more suitable option for protecting AI-generated works
  • Specialized legislation is necessary to address the unique challenges posed by AI-generated works

Merits

Comprehensive Analysis

The article provides a thorough examination of the international legal framework of intellectual property rights, including the TRIPS Agreement and national legislation.

Demerits

Lack of Concrete Proposals

The article does not provide specific, concrete proposals for implementing sui generis or specialized legislation, which may limit its practical impact.

Expert Commentary

The article's argument for sui generis protection of AI-generated works is well-reasoned and timely, given the rapidly evolving landscape of AI technologies. However, the lack of concrete proposals for implementation may hinder the article's impact on policy and practice. Nevertheless, the article contributes meaningfully to the ongoing debate about the legal protection of AI-generated works and highlights the need for specialized legislation that addresses the unique challenges posed by these emerging technologies.

Recommendations

  • Policymakers and legislators should consider the article's proposal for sui generis protection of AI-generated works and develop concrete, practical measures for implementation
  • Further research is necessary to explore the potential implications of sui generis protection on the development of AI technologies and the creative industries

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