It seems like artificial intelligence can do practically anything, right? From creating images based on a prompt to writing an essay for you, the introduction of generative AI technology, which permits AI tools to create their own outputs instead of relying on previous inputs, has completely transformed the world. But with this advancement comes a serious question: who owns these materials? Are they truly created uniquely or are they based on already existing content? If they are, what happens if the original author deems it too similar?
This is precisely where the impact of AI on intellectual property and copyright comes into play, raising important questions about who owns AI-created content. In this article, we’ll dive deep into the doubts created by AI-generated content, copyright and infringement laws and how they relate to AI, and how those in the field are working to avoid said problems.
Intellectual Property & Copyright
Before we get into AI’s effect on intellectual property and copyright, it’s important to fully understand what each is. Let’s discuss:
Intellectual property (IP) refers to creations of the minds, otherwise known as intangible property. Instead of referencing the actual product or creation itself, intellectual property covers the rights of the expression of the idea. The four types of IP are copyrights, trademarks, patents, and trade secrets. Leaving copyright for later, let’s explore the other three:
Trademarks: unique words, phrases, or symbols that identify the source of products or services are considered intellectual property; you can apply for legal protection to protect your ideas from competitors.
Patents: used for inventions or discoveries whose purposes are not immediately obvious, patents help protect those who come up with new ideas or purposes for products and prevent others from copying your work.
Trade secrets: trade secrets are confidential information typically associated with business information that can be detrimental to a company’s business if they end up in the wrong hands; through non-disclosure agreements (NDAs), they can be protected, however.
Copyright: although copyright falls under the category of IP, we want to discuss it in more detail so that you fully understand it. Copyright awards protection to ideas or creations, such as writings, books, pictures, art, film, music, software, architecture and much more, ensuring that creations are credited to whoever created it. And while copyright is automatic, you can register your work with your local office, providing legal protection in the case someone tries to copy your ideas.
AI & Intellectual Property & Copyright
So, where does AI fit into this? Well, as you know, artificial intelligence tools are trained on data sets to better mimic human intelligence and outputs. This means that it is possible for AI tools to draw on previous ideas to create their own, leading to a few questions:
Can AI systems be found guilty for infringing on copyright laws?
Do AI systems benefit from the same copyright laws humans are giving, protecting their original creations?
Should AI copyright regulations be handled internationally or locally?
Challenges with AI and copyright
As you can see, the doubts associated with AI are pretty significant and especially with images, we’ve already seen examples of AI technology running into issues about material ownership. Let’s dive deeper into these challenges.
Ownership: the very nature of AI creates significant problems when it comes to the ownership of AI-created materials. For example, if the AI system comes up with a new image, does the programmer who created and trained the AI system get ownership, the AI system itself, or the person who inputted the command to create said image? These questions have led to quite the uncertainty when it comes to AI ownership.
Originality: a major tenet of copyright law is that of originality, which defends the creator’s right to owning the origins of an idea or creation, instead of just the creation itself. And when AI systems are brought into the equation, which are trained on existing data, can copyright protection be awarded to something that is, by definition, based on existing creations?
Length: current copyright protection typically lasts the length of the creator’s life plus sixty years, which clearly wouldn’t be a realistic rule to keep in place if AI systems are awarded copyright protection. For this to be properly addressed, a distinction will have to be made between human and AI copyright protection.
Before you get too wary of using AI for creation, however, it’s important to note that there are significant benefits to using AI, even within the sphere of IP and copyright:
Unforeseen levels of creativity: thanks to their unmatched power for creativity, AI systems have the potential to transform practically every sector with new suggestions, inventions, and creations. And when used correctly, AI tools can serve as the perfect inspiration for humans, instead of stealing jobs or creating ideas from start to finish.
Better copyright detection: with the help of AI systems trained specifically for identifying copyright infringement, people can easily find those copying their ideas and put a stop to it. Especially in today’s digital area, copyright infringement is a major problem and AI can play a significant role here.
Protecting IP and Copyright Laws with AI
Worried about potential issues when using AI? Or that AI will use your property to create ‘new’ content? Companies and individuals can take the following actions to ensure they’re following all IP/copyright regulations:
Intellectual property assessment: to understand if someone else is using your ideas, you’ll need to first identify the areas that qualify as IP and take the steps to register them and protect them. With this step, you’ll ensure that in the case that someone infringes on your IP, you’ll be able to take proper legal recourse.
Copyright assessment: similarly to your IP assessment, you’ll need to ensure all your creations are clearly associated with your brand and/or registered so that it has protection. As copyrighted materials are tangible, this should be easier than the IP assessment.
Patent your systems: if you’re creating an AI system, it’s worth considering if patenting your system or tool could be worth it. This will depend pretty significantly on exactly how original your AI system is, what you’re doing with it, and what you’re creating, but there are some copyright protections already in place for AI systems.
Create clear IP policies: if you don’t already, make sure your entire company and employees are aware of what qualifies as IP and the necessary steps to undertake to ensure that all company ideas and creations are properly protected. It can be tedious, but is very important.
As you begin your journey into AI, you’ll need to gain a solid understanding of exactly how AI systems work to defend your creations–and avoid running into problems. Therefore, starting your AI journey with Ironhack could be just what you need to set yourself up for success.
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