Intellectual Property Law Commons^™

The Sufficiency Of Disclosure Of Ai Inventions, Mateo Aboy, Aparajita Lath, Timo Minssen, Kathleen Liddell

Articles

• The complex and data-driven nature of artificial intelligence (AI) raises questions for the sufficient disclosure of patent applications in this field. What are the European patent disclosure requirements for AI inventions?

• One challenge is that, prior to training, AI systems can be considered generic models. But after training, they transform into specialized AI systems to solve a particular problem. This transformation requires training data, making it an integral part of the AI system’s definition. But to what extent is the disclosure of the training data or training process necessary for patent disclosure?

• The Boards of Appeal of the European Patent …

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Authorship In The Age Of Algorithms: Adapting Copyright Law For Ai-Generated Content, Sydney Thomas

Journal of Nonprofit Innovation

In the age of Artificial Intelligence (AI), the relationship between technological advancement and legal protection for human creators has become increasingly critical. From Stephen Hawking's admonition of the potential risks of unregulated AI to Sam Altman's advocacy for proactive regulation, this paper navigates the evolving landscape of AI innovation and copyright law. By examining the challenges posed by AI-generated content, including issues of intellectual property infringement and privacy concerns, it highlights the need for adaptive legal frameworks. Strategic enhancements to copyright law must be developed, such as bolstering fair use doctrine and expanding creator rights, to ensure the protection of …

Train Or Restrain? Using International Perspectives To Inform The American Fair Use Analysis Of Copyright In Generative Artificial Intelligence Training, Serena Lightstone

Northwestern Journal of International Law & Business

The rise of generative artificial intelligence (“AI”) has brought questions regarding the permissibility of using copyrighted materials in training generative AI systems around the globe. This article examines whether such use constitutes infringement under the American fair use doctrine, drawing insights from the regulatory approaches of the European Union (EU) and Japan.

Ultimately, this article advocates for United States courts to recognize the permissibility of using copyrighted materials in training generative AI models, rejecting the EU’s rights-holder-centric approach, and going beyond Japan’s limited-permissibility solution. Through a detailed four-factor fair use analysis, this article demonstrates that training generative AI on copyrighted …

Future Market Blueprints: Harnessing Artificial Intelligence In A World Wired For Wonder, David Temprano

Northwestern Journal of International Law & Business

George, Jane, and the gang from The Jetsons promised us the dream to soar with flying cars. Well, we move forward with self-driving cars. Robot maids? Well, we got a handy dandy Roomba. The Turn-off-the-Boss Button? Well, we have screen share toggling and the mute button. What each of these examples has in common is artificial intelligence (AI). According to some estimates, AI and its innovation have the potential to boost the global economy by trillions of dollars a year, revolutionizing society in the process. In this process comes progress, but also worry and questions, law and intervention, along with …

Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.

More Than ‘‘Responsible Ai” Bridging Artificial Intelligence Systems (Ais) And Aisystems Ethics Into Practice, Ruth Bankey

Canadian Journal of Law and Technology

This article reflects on the question ‘‘how should we approach the ethics of AI and technology?” through the example of how the Canada Revenue Agency (CRA) is working within this space to develop its Artificial Intelligence Systems (AIS) Ethics Lifelong Learning and Professional Development Strategy. This strategy is connected, but also acts as a critical counterpoint, to approaches to AI governance and accountability that are reliant on a notion of ‘‘Responsible AI”. In these contexts, responsible AI is understood as the regulatory adoption of ‘‘rules” diffused through a normative structure of hierarchical authority within the organization or business. Rather, this …

Legal Framework For The Use Of Artificial Intelligence (Ai) Technology In The Canadian Criminal Justice System, Gideon Christian

Canadian Journal of Law and Technology

This article seeks to identify and examine critical issues arising from the deployment and use of AI recidivism risk assessment tools in the Canadian criminal justice system. It commences with the historical evolution of these tools in the criminal justice system, tracing their development from the first generation to the emergence of AI-driven risk assessments. By examining the progression of risk assessment tools from their origins to the current AI-powered systems this research aims to provide a comprehensive understanding of the challenges and opportunities that these tools present. The article then delves into crucial issues such as algorithmic bias, highlighting …

Fair Use In The Us Redux: Reformed Or Still Deformed?, Jane C. Ginsburg

Faculty Scholarship

In 2019, Professor Ginsburg delivered the Distinguished Visitor in Intellectual Property Lecture at the Faculty of Law, National University of Singapore. Titled “Fair Use in the US: Transformed, Reformed, Deformed?”, the lecture explored US caselaw applying the statutory fair use exception, highlighting its excesses and apparent rebalancing. Four and half years (and a pandemic) later, the Supreme Court has rendered decisions in two fair use cases (Google v Oracle; Andy Warhol Foundation v Goldsmith). Together, these controversies prompt inquiry whether the Supreme Court has redrawn the landscape of US fair use and copyright law, expanding fair use …

Coded Social Control: China’S Normalization Of Biometric Surveillance In The Post Covid-19 Era, Michelle Miao

Washington Journal of Law, Technology & Arts

This article investigates the longevity of health QR codes, a digital instrument of pandemic surveillance, in post-COVID China. From 2020 to 2022, China widely used this tri-color tool to combat the COVID-19 pandemic. A commonly held assumption is that health QR codes have become obsolete in post-pandemic China. This study challenges such an assumption. It reveals their persistence and integration - through mobile apps and online platforms - beyond the COVID-19 public health emergency. A prolonged, expanded and normalized use of tools which were originally intended for contact tracing and pandemic surveillance raises critical legal and ethical concerns. Moreover, their …

Inteligencia Artificial (Ia) En La Pràctica De Patentes: Una Revoluciòn Que Empodera, No Reemplaza (Book), Roberto Rosas, Juan Vasquez, Dianisa Erica Sosa, Francisco Javier Hernandez-Rodriguez, Daniel Kovach

Faculty Articles

Este libro titulado ofrece un análisis exhaustivo sobre el papel en constante evolución de la lA dentro del derecho de patentes. A diferencia de un texto legal tradicional, esta obra profundiza en los significativos impactos que la IA tendrá en los Aujos de trabajo y en las practices de las y los abogados de patentes.

La cuestión central es si la IA acabará sustituyendo a los abogados de patentes o será una potente tecnología complementaria. Este estudio sostiene que la IA está preparada para convertirse en una herramienta indispensable que aumente y mejore las capacidades del abogado de patentes en …

Ai, Artists, And Anti-Moral Rights, Derek E. Bambauer, Robert W. Woods

UF Law Faculty Publications

Generative artificial intelligence (AI) tools are increasingly used to imitate the distinctive characteristics of famous artists, such as their voice, likeness, and style. In response, legislators have introduced bills in Congress that would confer moral rights protections, such as control over attribution and integrity, upon artists. This Essay argues such measures are almost certain to fail because of deep-seated, pervasive hostility to moral rights measures in U.S. intellectual property law. It analyses both legislative measures and judicial decisions that roll back moral rights, and explores how copyright’s authorship doctrines manifest a latent hostility to these entitlements. The Essay concludes with …

The Copyright Requirement Of Human Authorship For Works Containing Artificial Intelligence-Generated Content, Runhua Wang

IP Theory

The U.S. Copyright Office (the “Office”) unwaveringly refuses to register copyrights for artworks created by artificial intelligence (“AI”) systems. The prima facie reason is a lack of authorship because the U.S. copyright regime recognizes only humans as authors. However, the fundamental reason lies in the fact that legislators have not yet determined whether to grant copyrights to AI users. Despite adjustments made by the Office in response to the use of AI systems in creation, the agency’s implementation of copyright statutes suggests that it remains extremely conservative, rejecting any AI-generated content (“AIGC”) from copyright registration.

Will the copyright regime continue …

The Author-Ity Of Ai: Navigating The Legal Landscape Of Artificial Intelligence Authorship, John R. Sepúlveda

Touro Law Review

This Article discusses the problems that arise when trying to protect works that involve generative AI. It will detail how authorship currently is interpreted under U.S. law and how the courts and the U.S. Copyright Office interpret the authorship requirement. This Article will also present some practical tips on how to navigate current U.S. law and obtain a copyright registration.

Balancing Interests: Ai, Business & Human Rights, And The Legal Landscape In An Era Of Disruption, Jena Martin, Ritu Narula

Faculty Articles

On October 30, 2023, the Biden Administration issued a sweeping executive order espousing a policy to advance the development and use of artificial intelligence ("Al") while also establishing safeguards across the federal government. The Executive Order marked the U.S. government's largest move forward related to the regulation of Al. The Order also represents the government's latest effort to advance equity, privacy, and national security in the use of AI systems. Moreover, the Order comes at a time when governments around the world are wrestling with the impact of AI and its disruptive effect, not just on markets, but on society …

Ai-Ip? Copyright In An Age Of Internet Propaganda With Artificial Intelligence, Sonya Saepoff

Cybaris®

No abstract provided.

Artificial Intelligence Is Like A Perpetual Stew, Nathan Reitinger

American University Law Review

Artificial intelligence is inescapable. It is in our phones, fridges, and most of the businesses we engage with use it to “improve” their services. From deciding on what YouTube video to watch next to driving vehicles or firing weapons, artificial intelligence is a linchpin in our society. But what is artificial intelligence? And, more importantly, why does that matter? It matters because we are currently unprepared to deal with the paradigm-shifting legal issues brought about by artificial intelligence. And without this understanding, we are nearly certainly going to make mistakes. The bright side is that artificial intelligence is not complicated. …

Data In Business & Society, Tabrez Y. Ebrahim

Lewis & Clark Law Review

Data, it is sometimes said, is the world’s new oil. Unlike the days when information was transmitted in print form, data is transmitted at the touch of a fingertip through the click of a mouse or a push of an icon on a phone app. Algorithms and computing systems have drastically expanded the scope, speed, and volume of access and use of data for consumers. Additionally, businesses, in variety of forms, including business-to-business, business-to-consumer, online, and even brick-and-mortar, have employed data to interact with other businesses and with consumers. Data has drastically expanded in use throughout business and society, and …

Tools Do Not Create: Human Authorship In The Use Of Generative Artificial Intelligence, Michael D. Murray

Journal of Law, Technology, & the Internet

Artistic tools, from brushes to complex algorithms, don’t create art; human artists do. The advent of generative AI tools like Midjourney, DALL-E, and Stable Diffusion has blurred this understanding, causing observers to believe these tools are the authors of the artworks they produce, even so far as to imagine that the artworks are “created” by the AI in the copyright sense of the word. Not so.

The U.S. Copyright Office recently issued guidance on the copyrightability of works produced using generative AI tools. The Office has accepted the narrative that AI tools perform the steps of authorship, conceiving of the …

Fair’S Fair: How Public Benefit Considerations In The Fair Use Doctrine Can Patch Bias In Artificial Intelligence Systems, Patrick K. Lin

Indiana Journal of Law and Social Equality

The impact of artificial intelligence (AI) expands relentlessly despite well documented examples of bias in AI systems, from facial recognition failing to differentiate between darker-skinned faces to hiring tools discriminating against female candidates. These biases can be introduced to AI systems in a variety of ways; however, a major source of bias is found in training datasets, the collection of images, text, audio, or information used to build and train AI systems. This Article first grapples with the pressure copyright law exerts on AI developers and researchers to use biased training data to build algorithms, focusing on the potential risk …

The Perks Of Being Human, Max Stul Oppenheimer

Washington and Lee Law Review Online

The power of artificial intelligence has recently entered the public consciousness, prompting debates over numerous legal issues raised by use of the tool. Among the questions that need to be resolved is whether to grant intellectual property rights to copyrightable works or patentable inventions created by a machine, where there is no human intervention sufficient to grant those rights to the human. Both the U. S. Copyright Office and the U. S. Patent and Trademark Office have taken the position that in cases where there is no human author or inventor, there is no right to copyright or patent protection. …

The Ai Quid Pro Quo Problem: Suggesting A Framework For Patents Involving Artificial Intelligence-Assisted Or -Created Inventions, Daniel Wicklund

William & Mary Business Law Review

Innovation involving artificial intelligence (AI) is rapidly expanding and diffusing into other areas of technology. Additionally, inventors have been using AI to assist in new technology for quite a while and have likely received patents from the United States Patent and Trademark Office (USPTO or “Office”) for their inventions without disclosing the AI involved in the patentable subject matter. As AI has become increasingly present in the implementation of new technology, the question of whether an AI can be an inventor has arisen. In Thaler v. Iancu and on appeal, the courts have affirmatively said no. However, this decision implicates …

A Compulsory Solution To The Machine Problem: Recognizing Artificial Intelligence As Inventors In Patent Law, Cole G. Merritt

Vanderbilt Journal of Entertainment & Technology Law

Artificial Intelligence (AI) is already disrupting and will likely continue to disrupt many industries. Despite the role AI already plays, AI systems are becoming increasingly powerful. Ultimately, these systems may become a powerful tool that can lead to the discovery of important inventions or significantly reduce the time required to discover these inventions. Even now, AI systems are independently inventing. However, the resulting AI-generated inventions are unable to receive patent protection under current US patent law. This unpatentability may lead to inefficient results and ineffectively serves the goals of patent law.

To embrace the development and power of AI, Congress …

Generative Artificial Intelligence And Copyright Law, Christopher T. Zirpoli

Copyright, Fair Use, Scholarly Communication, etc.

Recent innovations in artificial intelligence (AI) are raising new questions about how copyright law principles such as authorship, infringement, and fair use will apply to content created or used by AI. So-called “generative AI” computer programs—such as Open AI’s DALL-E 2 and ChatGPT programs, Stability AI’s Stable Diffusion program, and Midjourney’s self-titled program—are able to generate new images, texts, and other content (or “outputs”) in response to a user’s textual prompts (or “inputs”). These generative AI programs are “trained” to generate such works partly by exposing them to large quantities of existing works such as writings, photos, paintings, and other …

Regulating Uncertain States: A Risk-Based Policy Agenda For Quantum Technologies, Tina Dekker, Florian Martin-Bariteau

Canadian Journal of Law and Technology

Many countries are taking a national approach to developing quantum strategies with a strong focus on innovation. However, societal, ethical, legal, and policy considerations should not be an afterthought that is pushed aside by the drive for innovation. A responsible, global approach to quantum technologies that considers the legal, ethical, and societal dimensions of quantum technologies is necessary to avoid exacerbating existing global inequalities. Quantum technologies are expected to disrupt other transformative technologies whose legal landscape is still under development (e.g., artificial intelligence [‘‘AI”], blockchain, etc.). The shortcomings of global policies regarding AI and the digital context teach lessons that …

Recognizing Operators’ Duties To Properly Select And Supervise Ai Agents – A (Better?) Tool For Algorithmic Accountability, Richard Zuroff

Canadian Journal of Law and Technology

In November of 2020, the Privacy Commissioner of Canada proposed creating GDPR-inspired rights for decision subjects and allowing financial penalties for violations of those rights. Shortly afterward, the proposal to create a right to an explanation for algorithmic decisions was incorporated into Bill C-11, the Digital Charter Implementation Act. This commentary proposes that creating duties for operators to properly select and supervise artificial agents would be a complementary, and potentially more effective, accountability mechanism than creating a right to an explanation. These duties would be a natural extension of employers’ duties to properly select and retain human employees. Allowing victims …

The Future Is Now: Copyright Protection For Works Created By Artificial Intelligence, Gary Myers

Faculty Publications

Creativity was once considered a primarily, if not exclusively, human endeavor. People create art, literature, and music, while machines handle mechanical tasks, like a typewriter or camera. The world has changed, and in the current year those changes are disrupting conventional ideas about authorship and creativity. Developments in the power and robustness of artificial intelligence ( or AI) have made it possible for a wide array of creative AI-generated works to be created. Early developments, such as IBM Deep Blue's mastery of the game of chess, were still somewhat mechanical in nature, as they were based on the computer analyzing …

Artificial Intelligence And Transformative Use After Warhol, Gary Myers

Faculty Publications

The Supreme Court's recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith clarifies the scope of transformative use and the role of these uses in the fair use analysis. This important case has implications for a fair use analysis of artificial intelligence. This article evaluates the interaction between copyright law's fair use doctrine and typical sources and uses for artificial intelligence. In other words, the article will assess whether or not the use of copyrighted material to "train" AI programs-AI inputs-and the products of AI programs-AI outputs-are likely to found to be transformative in light of …

100 Years Of International Ip - Reflections On Past, Present And Future, Frederick M. Abbott

Scholarly Publications

We have been asked to reflect on the past 100 years of international intellectual property law and to try to project forward about what changes might be necessary or desirable in the future. Only a science fiction writer would purport to have some idea about what things might look like a hundred years in the future, including from the standpoint of international intellectual property, so my remarks on that will be somewhat more proximate to the present.

Copyrighting Brain Computer Interface: Where Neuroengineering Meets Intellectual Property Law, Favio Ramirez Caminatti

Cybaris®

No abstract provided.

The Rise Of Machines: Patenting Inventions Generated By Artificial Intelligence In Canada, Morris Odeh

LLM Theses

“The rise of machines is here,” but they did not come as “rogue robots” to terminate humankind as some fictional writers predicted. Rather, they have come as inventors of human-like creativity. Therefore, this thesis examines the question of the patentability of inventions generated by artificial intelligence (AI) machines within the context of the Canadian patent system. Applying the modern principle of statutory interpretation, utilitarianism, and economic theoretical framework, this research determines whether AI-generated inventions can constitute patentable subject matter, AI systems can be inventors, and AI technology can own and exercise patent rights under the Canadian Patent Act. The thesis …