“Discrimination that allows only human-created works to receive protection would be a major disincentive to the use and development of AI in the creative process, hindering the creation and dissemination of such works.”
It’s an exciting time in the world of artificial intelligence (AI) and intellectual property law. Scholars have long had an interest in this field, but he is more narrowly focused on the legal status of AI-created works (AI-generated works) in the absence of a conventional human author. I have been interested in a specific issue. But AI-generated work has traditionally not been of great interest to lawyers, policymakers, or businesses. Because while AI has been functionally producing creative works for decades, the technology hasn’t been all that useful commercially.
2022 saw a paradigm shift in the development and adoption of generative models to create images and text in ways that are valuable to people at scale. We hope to do something similar with music and video in the near future. A long-standing, mostly theoretical legal issue suddenly took on practical and pressing importance. There are currently lawsuits in multiple jurisdictions regarding AI-generated works, AI and fair use, training data, text and data mining exceptions to copyright infringement, and whether AI can legally emulate an artist’s style. It is done.
DABUS SETS THE STAGE
I’m leading one of those cases. June 2022, first filed against the United States Copyright Office for refusing to register the copyright of his AI-generated work created by his AI named “DABUS” owned and operated by Dr. Stephen Thaler. filed a lawsuit.
Since 1973, the Copyright Office has had an official policy that human creativity is a fundamental requirement of copyright. Other jurisdictions do it differently. For example, in the UK he passed a law in 1988 providing copyright protection for works generated by AI. The creator of a work is considered the author, and the work has a shorter period of statutory protection.
But the Copyright Office’s policy has never been tried in court. Probably because these works have limited commercial value. We argue that this policy is not supported by law, and that copyright law does not require authors to be human. In fact, for over a century, the United States has allowed corporate authorship. This policy is largely based on case law, which the courts have expressed in human-centered terms with regard to creativity, but only on the assumption that creative actors are always human. In fact, the cases the policy refers to are from 19.th A century before modern computers were developed.
now we need to act
We argue that protecting AI-generated output is consistent with the text and purpose of copyright law to encourage the creation and dissemination of new works. In the future, instead of working with human creatives, music and film studios will use generative AI systems in ways that benefit the public. Discrimination that allows only human-created works to receive protection is a major disincentive to the use and development of AI in the creative process, impeding the creation and dissemination of such works.
While courts consider whether current law allows protection for AI-generated works, Congress, the Copyright Office, and the United States Patent and Trademark Office (USPTO) recently questioned what the law should be. I am considering. Most recently, in February 2023, the USPTO issued a Request for Comments on AI and inventor issues related to patents. This discussion is premature given that the law is already in a position to catch up with AI. This is a problem because we need laws that guide technological development to advance social good, and laws that enable today’s investment in tomorrow’s innovation.
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