Article on Generative AI and Intellectual Property

As generative AI continues to evolve, it presents both opportunities and significant risks to the creative industries. To ensure that creators and rightsholders are protected, it's crucial that AI development aligns with copyright law. Our new Principles on Copyright and Generative AI call for permission-based use, fair remuneration, transparency, and clear attribution. These principles are essential to fostering responsible AI deployment that respects the value of human creativity and supports the growth of the creative economy. Find out more: https://lnkd.in/ewKDEFX9 #CLA #AI #GenAI #GenerativeAI #Copyright #CreativeIndustries

Who gets the main credit for work that AI 'steals' from many sources? I know they all agree it's no longer "theirs," and it becomes "something different" once AI reconstructs it; but whose is it then! It is the same AI owners and stakeholders, which are free to steal your intellectual property for their benefit, without any compensation or punishment. A US court misjudged that "AI-generated content is not protected by copyright and is not considered a product of human authorship. And since this is the case, no one can be accused of copyright infringement for using such content, either. There is precedent in US law, so this ruling will likely be important in future proceedings as well. The court in the United States decided to allow a situation, when we train language models on content that is copyrighted, without having rights to it. Man shall not create machines in his own image, in the image of world he must create them. #AI #AILaw #WorldReality #CopyrightLaws

🌟 𝐄𝐱𝐜𝐢𝐭𝐢𝐧𝐠 𝐍𝐞𝐰𝐬 𝐟𝐫𝐨𝐦 𝐈𝐋𝐄𝐎! 🌟 We are thrilled to announce that our ILEO’s researcher Vincenzo Iaia has recently been nominated as part of the 𝐜𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐰𝐨𝐫𝐤𝐢𝐧𝐠 𝐠𝐫𝐨𝐮𝐩 at the 𝐀𝐈 𝐎𝐟𝐟𝐢𝐜𝐞 for drafting the Code of Practice for general-purpose AI models. The code will detail the obligations for general-purpose AI models to comply with the AI Act rules. After 9 months of iterative work, the final version of the first Code of Practice will be presented in a Closing Plenary, expected to take place in April, and published. This marks a significant step forward as we continue our work on the interfaces between 𝐚𝐫𝐭𝐢𝐟𝐢𝐜𝐢𝐚𝐥 𝐢𝐧𝐭𝐞𝐥𝐥𝐢𝐠𝐞𝐧𝐜𝐞 and 𝐢𝐧𝐭𝐞𝐥𝐥𝐞𝐜𝐭𝐮𝐚𝐥 𝐩𝐫𝐨𝐩𝐞𝐫𝐭𝐲 𝐥𝐚𝐰, focusing on the ethical implications and evolving governance models. Vincenzo and our Director Christophe Geiger have contributed to key publications on these topics, including recent works on the policy options to address the blossoming intersections of copyright and AI: - Christophe Geiger and Vincenzo Iaia, Towards an Independent EU Regulator for Copyright Issues of Generative AI: What Role for the AI Office (But More Importantly: What's Next)?, forthcoming in Auteurs & Media 2024, preprint available here: https://lnkd.in/dRPK4mSi. - Christophe Geiger and Vincenzo Iaia, The Forgotten Creator: Towards a Statutory Remuneration Right for Machine Learning of Generative AI, in Computer Law & Security Review, vol. 52, 2024, 1-9, https://lnkd.in/d3ikK9Xt. - Christophe Geiger, Elaborating a Human Rights-Friendly Copyright Framework for Generative AI, in International Review of Intellectual Property and Competition Law, vol. 55, 2024, 1129-1165, https://lnkd.in/e_ZAdJk8. At ILEO, we are committed to exploring cutting-edge issues in 𝐢𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧 𝐥𝐚𝐰 and 𝐞𝐭𝐡𝐢𝐜𝐬, and we do not only want to follow the debate but also influence it. Stay tuned for more updates on our work in this fascinating area! #AI #CopyrightGovernance #InnovationLaw #EthicsInTech

In June high stakes litigation involving AI copyright and intellectual property continued with gusto. Additionally, regulators in both the U.S. and Europe continued to address a number of complex issues implicating AI including privacy, cybersecurity and customer protection in the financial markets.   Read my  “AI News top 10 developments for June 2024” for more details.   Also, props to my Wolters Kluwer colleagues Matthew Hersh, Mark Nelson, Anne Sherry, John Atwood, Sheila Lynch-Afryl, and Tony Foley for their excellent coverage of these matters.   #AIinLaw #IntellectualProperty #AICopyright #Privacy #Cybersecurity #CustomerProtection 

June saw intense legal battles over AI copyright and intellectual property rights, with Open AI and at least two other artificial intelligence companies accused of stealing copyrighted material and using it to train their large language models.   The SEC took on “AI washing” in June, bringing a case against an individual for purportedly lying about how much their company’s AI could help clients find job candidates from different backgrounds to support DEI goals.   Read Brad Rosen’s highlights of last month’s most notable AI news developments from across the legal and regulatory space: https://lnkd.in/ebR-N_kN #AIinLaw #IntellectualProperty #AICopyright

Should AI generated art be eligible for copyright? Jason Allen, whose AI-generated artwork "Théâtre D'opéra Spatial" won a state fair competition says yes it should be. He is appealing the U.S. Copyright Office's refusal to register his work. The Office claimed the piece lacked sufficient human authorship, as it was mostly created using Midjourney, an AI tool. Allen argues that crafting precise prompts and spending over 100 hours refining the output qualifies as human authorship. 📚 The AI Policy Newsletter: https://lnkd.in/eS8bHrvG 👩💻 The AI Policy Course: https://lnkd.in/e3rur4ff 🔗 Link to article: https://lnkd.in/estgKScg #AIpolicy #ArtificialIntelligence #TechPolicy #AIGovernance

David Kim authored an article for the May 2024 ACC St. Louis newsletter exploring the legal gray area surrounding the use of #generativeAI in art and its impact on copyright law and fair use matters. David says artists have long appropriated and remixed pre-existing works to shape their artistic expression. The use of generative AI systems, which are known to create content by learning from massive datasets of copyrighted material, presents complex challenges and legal uncertainty. With the rise of generative AI, and recent challenges to legal precedents set by artists like Jeff Koons, Richard Prince and Andy Warhol, David underscores the need for clients using generative AI to understand the risks and avoid infringement. Learn more: https://lnkd.in/guDPQ3Ed #ArtificialIntelligence #CopyrightLaw #IntellectualProperty #StinsonInSTL

🚀 The intersection of AI and Intellectual Property is complex! As AI evolves, questions on patentability and copyright arise. ⚖️ Stay informed on how these changes could impact your IP rights! #AI #IntellectualProperty https://lnkd.in/e6nqESaj

🤖 AI & Ownership: Who Holds the Rights to AI-Generated Content? Good question?! As artificial intelligence continues transforming creative and business landscapes, a key question arises: who owns the output generated by AI? This issue is especially critical for businesses and creators who rely on AI for generating designs, text, code, and more. The debate over intellectual property rights in AI output has gained momentum, with courts and policymakers examining whether traditional copyright laws apply to AI-generated works. Understanding these nuances is essential for protecting your creations and navigating potential legal challenges. As technology evolves, so must our approach to ownership and accountability. What are your thoughts on this evolving topic? How do you see businesses and creatives adapting to these changes? Let’s discuss! #AIPolicy #IntellectualProperty #AICopyright #ArtificialIntelligence #BrandProtection

Intellectual Property Rights in the Age of Artificial Intelligence: Navigating Challenges and Seizing Opportunities This paper delves into the profound integration of artificial intelligence (AI) into contemporary life and its impact on intellectual property rights (IPR). Visit Us: https://lnkd.in/gdmqUpyW #ipr #intellectualproperty #IPLaw #copyright #patent #trademark #AI Ashish Kankal Akshith Awaji Medha Banta Rajat Sabu Chhavi Pande Harsha Aswani Ancy Jacob Adv. Keshav Singh Adv Mohit Kasana