Artificial Intelligence (AI)

Artificial Intelligence (AI), Authorship, European Union, Fair Use, Originality, Text and Data Mining (TDM), United Kingdom, USA

(Potter Clarkson LLP and King's College London)/ /Leave a comment

Copyright protection in machine-generated works is not a new issue for law makers. The traditional concept of human authorship was first challenged with the emergence of photography and this has continued every time a new technology comes about. In the U.S., the case of Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884) extended copyright…

Artificial Intelligence (AI), European Union, Legislative process, Text and Data Mining (TDM)

(Institute for Information Law (IViR))/ /Leave a comment

Machine readable opt-outs from TDM As we head into the last month of the current EU legislative term, there are increasing signs that EU lawmakers are unable to agree on the AI Act, which was supposed to be one of the crowning digital policy achievements of Ursula von der Leyen’s Commission. Recent media reports suggest…

Artificial Intelligence (AI), Authorship, CJEU, European Union, Originality, United Kingdom

(Georgetown University Law Center)/ /Leave a comment

Recently, the United States District Court for the District of Columbia, in line with several decisions of the U.S. Copyright Office’s Review Board, found that human creativity is the sine qua non of copyrightability, refusing to register a work lacking human creative involvement or control. In this way, the U.S. jurisprudence embraces the distinction between…

Artificial Intelligence (AI), European Union, Infringement, Legislative process, USA

, (Luiss Guido Carli University)/ /Leave a comment

Part 1 of this post introduced the challenges for copyright associated with generative IP and the legislative developments in this field. This part 2 explores the idea of introducing a statutory license for machine learning purposes for generative AI as a compromise solution to secure a vibrant environment for AI development while preserving the central…

Artificial Intelligence (AI), European Union, Infringement, Legislative process, Text and Data Mining (TDM), USA

, (Luiss Guido Carli University)/ /Leave a comment

Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Algorithmic tools are gradually colonizing every creative sector, from being able to generate text (i.e., ChatGPT, Smodin), to perform…

Artificial Intelligence (AI), Case Law, Infringement, Legislative process, USA

(University of Milan)/ /Leave a comment

The US class action against Google Bard (J.L. v. Alphabet Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03440) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT (here) (“Generative…

Artificial Intelligence (AI), Legislative process, United Kingdom

(Potter Clarkson LLP and King's College London)/ /1 Comment

The UK government has recently announced its plans to introduce a code of practice on copyright and artificial intelligence (AI). The guidance and all supporting documents can be found here. This goes in line with the government’s ten-year National AI Strategy, for the UK to remain a global AI superpower and for AI companies to…

Artificial Intelligence (AI), Authorship, Originality

(Vanderbilt University Law School)/ /Leave a comment

The intersection of Artificial intelligence and Intellectual Property is complex. It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). The situation has increased in complexity now that not only the input but also the output…

Artificial Intelligence (AI), Originality, Subject matter (copyrightable), USA

(University of Milan)/ /Leave a comment

Introduction Part 1 analysed an Italian case related to the copyright protection of a “floral fractal” generated via machine-learning (see RAI vs Biancheri). Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia (Thaler vs Perlmutter, Civil Action…

Artificial Intelligence (AI), Italy, Originality

(University of Milan)/ /1 Comment

Introduction One of the main contentious points when artificial intelligence, deep learning or machine learning (for the distinction between these functionalities, see here) are used for generating creative works is the question of attribution of works to an author, usually a human who has used the tech tool with some level of involvement in the…