Intellectual Property Rights law is exposing artificial intelligence issues (2023 edition)
At the time of writing, the largest AI directory listed 3057 individual tools.[1] By next week that figure will be out of date. We are currently witnessing advances in AI technology like never before, with the leading developers competing fiercely, and the creative classes feeling pressure to adapt – or be left behind. But this progress is not marching on unchecked. Unprecedented legal battles are currently raging. And the issue getting the most headlines is Intellectual Property.
When IP and AI clash: 3 real-world examples
Creatives VS AI
In one notable court case, three artists sued Midjourney and Stability AI, arguing that AI was trained on their protected artistic styles without license, and that artworks generated from them are derivative. The case is expected to hinge on the doctrine of ‘fair use’.[1] Cases like this will set the legal precedent for IP artificial intelligence issues. 2023 could be a landmark year for these rulings.
Should AI get its own IP protections?
Currently, copyright can only be awarded to humans. However there are already guidelines for granting copyright to works created with the help of AI if substantial human authorship is present. So far the U.S. Copyright Office has rejected all copyright requests for AI-generated artworks. In the case of AI comic book ‘Zarya of the Dawn’, the illustrations’ copyright was even revoked retrospectively.[1]
The Deepfake Problem
IP complicates other artificial intelligence issues. 2023 has marked the rise of the deepfake. This will impact on the right of publicity, which exists to protect people from unauthorized use of their personal identity for commercial gain. AI is now getting uncannily good at generating photo likenesses. As the quality of deepfakes improves, contracts will have to include rights to future AI likenesses.
The future of AI and IP
AI technology is evolving at breakneck speed and legislation is having to adapt to keep up with it. What the future of AI and IP looks like is being worked out right now. The decisions made about IP in court in the coming months will shape the future of the relationship between mind and machine.
[1]https://arstechnica.com/information-technology/2023/02/us-copyright-office-withdraws-copyright-for-ai-generated-comic-artwork/
[2] https://www.lawfareblog.com/ai-generated-works-artists-and-intellectual-property
