4iP Council ’s Post

Copyright of an #AI-generated image--this is a theme that has been written about and discussed so often. Here is one more such case--the only difference is that the approach of the court displays no confusion, no dilemma whatsoever. Here are the facts in brief: In November 2023, the Beijing Internet Court ruled in *Li v. Liu* that the #copyright of an AI-generated image belongs to the author, not the AI. The plaintiff had created an image using the Stable Diffusion software and shared it online, only to have it used by the defendant without permission in an article days later. The plaintiff claimed infringement, arguing for its authorship and dissemination rights. The court upheld this claim, recognising the image’s originality and awarding the plaintiff 500 yuan for economic losses. It emphasised that the plaintiff's input—through prompts, parameter settings, and aesthetic choices—constituted meaningful intellectual effort, thereby entitling him to copyright ownership. The court dismissed any authorship claims by the AI model or its developers. China has set an important precedent here, which I fully support. AI lacks legal personhood, and unless this changes it cannot hold ownership rights. Regardless of AI's creative output, it is ultimately a product of human intellect and imagination. This is purely my take on the matter. #intellectualpropertylaw #ipr #iplaw

Dive into the complexities of copyright law in the age of AI with the Heilbut LLP Team. Discover how courts are navigating the uncharted waters of AI inputs and outputs, and the implications for fair use in the rapidly advancing tech landscape. Published by NYSBA in Bright Ideas and online at: https://lnkd.in/eQ2uCyEH #AI #CopyrightLaw #FairUse #GenerativeAI #LegalInsights #Innovation #Technology #IntellectualProperty #heilbutllp #nysba #brightideas #AI #CopyrightLaw #FairUse #GenerativeAI #LegalInsights #Innovation #Technology #IntellectualProperty #heilbutllp #nysba #brightideas

📢 The Rise of AI and Copyright: A Wake-Up Call for Legal Professionals 📢 A recent UK ruling in the Getty Images v. Stability AI case highlights how artificial intelligence is reshaping the legal landscape—particularly in copyright law. The court’s decision to remove the class representative underscores the complexities attorneys must navigate in balancing traditional IP frameworks with the evolving capabilities of AI. This isn’t just about protecting intellectual property—it’s about shaping the ethical and legal standards for a future driven by AI. Attorneys must stay ahead of these developments, advising clients on ownership, infringement, and ethical implications. #ArtificialIntelligence #AIandLaw #LegalProfession #CopyrightLaw #IntellectualProperty #AIRegulation #LegalInnovation #TechAndLaw #FutureOfLaw

AI is rapidly transforming how music, songs, art, and even software code are created. While AI brings unprecedented innovation, it also raises complex questions about copyright law, leaving authors, creators, and legal professionals grappling with uncertainty. The latest post by Marie-Andrée Weiss discusses these issues. Take a look!

Are AI giants like MS Llama, OpenAI, and Alphabet infringing copyright law to train their algorithms, or is it fair use? How will the outcomes of current US lawsuits impact the global landscape? These are just some of the critical topics we’ll explore in the Harvard Law School CopyrightX - University of Turin Affiliated Course, Fall 2024 Edition. 📅 Call for Applications: Open for One More Week! 💼 Inscription: Free but Highly Competitive. 🔗 See the link for details. Don’t miss out on this chance to dive deep into the intersection of AI and copyright law. Share this post with potential high-caliber candidates who would thrive in this rigorous and enlightening course! https://lnkd.in/eQJER7FR #AI #CopyrightLaw #HarvardLaw #TurinUniversity #LegalStudies #AIandLaw #ProfessionalDevelopment

Together with Paul Harloff, I attended yesterday's Court hearing in the first German case dealing with the application of the copyright exception for text and data mining in the field of AI training. It looks like the Court is leaning towards an interpretation of the provision that would include crawling the internet to create a corpus. The Court states that it considers the machine-readability of online license terms (plain text vs. encoded) to be the central issue in the case. Check out my blog to learn more: https://lnkd.in/dK_g42pi #AI #artificialintelligence #techlaw #excellenceinprogress

GenAI and Copyright Paper Alert: Sebastian Stober, professor for Artificial Intelligence, and Tim W. Dornis, professor of Intellectual Property law, have co-authored a groundbreaking 171-page study titled “Copyright Law & Training of Generative AI – Technical and Legal Foundations” that is set to shape the debate not only in Europe. Key findings: “we now have proof that the reproduction of works by an AI model constitutes a copyright-relevant reproduction and, in addition, that making them available on the European Union market may infringe the right of making available to the public.” “the training of such models is not a case of text and data mining. It is a case of copyright infringement – no exception applies under German and European copyright law” “parts of the training data can be memorized in whole or in part by current generative models - LLMs and (latent) diffusion models - and can therefore be generated again with suitable prompts by end users and thus reproduced.” At a press event yesterday, Axel Voss, MEP and rapporteur on the EU Copyright Directive and the AI Act commented: “the study not only proves that the training of Generative AI models is not covered by text and data mining, but that it also provides further important indications and suggestions for a better balance between the protection of human creativity and the promotion of AI innovation.” It is time to draw the necessary conclusions and to develop a workable licensing model that precludes exploitation or prisoners' dilemmas. #AI #copyright #AIGovernance #IPMatters

𝐀𝐈 𝐢𝐧 𝐂𝐨𝐮𝐫𝐭 - 𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐈𝐧𝐟𝐫𝐢𝐧𝐠𝐞𝐦𝐞𝐧𝐭 𝐛𝐲 𝐀𝐈 𝐓𝐫𝐚𝐢𝐧𝐢𝐧𝐠? Key Takeaways from the Hamburg Court Hearing Exciting developments in the intersection of AI and copyright law! In our latest blog post (https://lnkd.in/dkKNHerw), we dive into a groundbreaking case at the Landgericht Hamburg, where a photographer is suing an AI dataset developer for copyright infringement. The case revolves around the use of a photo from a stock platform in a massive AI training dataset. Key takeaways from the first court hearing on 11 July: Legal Context: The core issue is whether the use of copyrighted images for AI training is protected under the text and data mining exceptions in EU and German copyright law. Court’s Preliminary View: The court leans towards allowing such use but will focus on whether license terms displayed on the crawled website effectively reserve rights in a machine-readable form. The decision could significantly influence the legal landscape for AI development and copyright protection in the EU. Stay tuned for the upcoming developments which we will closely monitor. Alexander Tribess Paul Harloff Tobias Perchermeier #AI #CopyrightLaw #LegalTech #AITraining #IntellectualProperty #Innovation

Developments in artificial intelligence (“AI”) are occurring at break-neck speed. Last summer, our founder presented a lecture on the topic of AI and intellectual property law for Holo Art Collective. Since last year’s talk, there have been a flurry of AI developments and copyright law clarifications. Read our blog post to learn more about this fascinating area of the law, including new case law and government guidelines concerning the use of this evolving technology.  https://lnkd.in/exKgzpRX #ai #artificialintelligence #copyright #IPlaw #artlaw

this is going to be very interesting to follow. How will AI and intellectual property law coexist?