Summarize

Mākslīgais intelekts uzņem apgriezienus visās dzīves jomās, arī radošajā jomā. Vai šiem darbiem ir autortiesību aizsardzība? Vai ir kāda atšķirība starp ASV un Eiropas regulējumu?

*raksts tiek publicēts oriģinālvalodā

Ryan E. Long

AI Creations: Legally Protected?

Imagine you just purchased a painting from Sotheby’s called Portrait of Edmond Belamy (“Portrait”) for $432,500. Portrait was AI-generated. Your neighbour Jim takes a photo of the painting as you are bringing it inside. Jim puts Portrait on t-shirts for sale online.

What, if anything, can you do, provided you wanted to? What about the software company who owns the AI? Does it matter whether you live in the US or the EU?

The issue is not hypothetical. AI-created paintings, software, and other inventions have grown immensely. While copyright and patent law can protect human-made paintings and software, respectively, AI-generated inventions are not protectable under either regime in the US. In the EU, the answer is largely the same, as we shall see below.

 

Can AI be an “author” or “inventor”?

A. The European Union

The European Patent Office on 28 January 2020 rejected patent filings by a machine called DABUS on the same grounds that “an inventor designated in the application has to be a human being, and not a machine.” In both applications, “a machine called ‘DABUS,’ which is described as a ‘type of connectionist artificial intelligence,’ is named as the inventor.” As we shall see, decisions regarding copyright and patent ownership in the US follow a similar rationale.

Thereafter, the European Parliament passed a number of resolutions concerning AI throughout 2020. A report “on intellectual property rights for the development of artificial intelligence technologies” from 10 October 2020 is most relevant for the purposes of this article. It recommends that, in apportioning intellectual property rights, “the degree of human intervention” and “autonomy of AI” should be taken into account.

The report goes onto note “the difference between AI-assisted human creations and AI-generated creations, with the latter creating new challenges for IPR [intellectual property rights] protection, such as questions of ownership, inventorship and appropriate renumeration.” The Report recommends that “works autonomously produced by artificial agents and robots might not be eligible for copyright protection, in order to preserve the principle of originality, which is linked to a natural person.”. As such, “ownership rights, if any, should be assigned to natural or legal persons that created the work lawfully.”

On October 20, 2020, the European Parliament adopted the recommendations and refined them via a Resolution. For example, while AI and related technologies “based on computations models an algorithms” and regarded as “mathematical methods” are not patentable,” such models and computer programs may be protected “when they are used as part of an AI system that contributes to producing a further technical effect.” (Emphasis added.)

The Resolution goes on to clarify that “where AI is used only as a tool to assist an author in the process of creation, the current IP framework remains applicable.” (Emphasis added.) In all cases, only a natural person can be listed as the inventor of a copyright or patent in the EU.

That all being said, the 20 October Resolution does not state whether the author needs to delineate in the application which parts of the creation were AI made, and which were created by the author. This approach is how copyrights for compositions by multiple authors are filed in the US – denoting by whom among the authors certain lyrics or musical notes were written. A similar approach could be used for a subsequent Resolution.

 

B. The United States

Copyright case law has also indicated that AI cannot be an “author” under the Copyright Act. In Naurto v. Slater, the Ninth Circuit Court of Appeals held that an Indonesian monkey named “Naruto” couldn’t own the copyright to his “Monkey Selfies.” The reason: the U.S. Copyright office “will refuse to register a claim if it determines that a human being did not create the work.” (Emphasis added.) The office further states that it will exclude works “produced by machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author.” (Emphasis added.) Consequently, AI-created products are not likely subject to copyright registration.

Similarly, the USPTO, in a April 27, 2020 decision ruled that AI cannot be listed as the “inventor” in a patent application. The application was filed by the Artificial Inventor Project (“AIP”), which is a team of international patent attorneys whose mission is to explore AI patentability. AIP filed a sealed patent application on July 29, 2019, for “Devices and Methods for Attracting Enhanced Attention (“DABUS application”). According to the application, this “creativity machine” is “programmed as a series of neural networks that have been trained with general information in the field of endeavor to independently create the invention.” The inventor on the substitute application was listed as “DABUS (the invention was autonomously generated by artificial intelligence).”

Under relevant federal patent law, an “inventor” is defined as “the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.” However, the USPTO’s decision denying the DABUS application pointed out that federal law consistently refers to inventors as natural persons. One section provides “[w]hoever invents or discovers any new and useful process . . . may obtain a patent therefore”. According to the USPTO, “’[w]hoever’ suggests a natural person.” Other provisions of federal patent law “refers to individuals and uses pronouns specific to natural persons  -- ‘himself’ and ‘herself’ – when referring to the ‘individual’ who believes himself or herself to be the original inventor or an original joint inventor or a claimed invention on the application.” The finding of the USPTO is consistent with Federal Circuit case law which has held that an “inventor” must be a natural person.

Like in the E.U., a creation may still be copyrightable or patentable in the U.S. if it was made with the assistance of AI. The question of how much AI involvement renders an otherwise human-made creation a product of AI has yet to be addressed.

 

How to protect AI creations?

If AI creations are not, for the time being, protectable under either copyright or patent, then how can one protect them? Contractual provisions in licensing agreements are one option. Even if licensed technology isn’t either copyrightable or patentable, contract law can provide a gap filler between contracting parties. However, this doesn’t preclude reverse engineering once the product is released into the market. Another alternative is federal or state trade secret law. Even then, trade secret law doesn’t preclude reverse engineering.

In light of these open questions, the World Intellectual Property Organization (WIPO) held a conference in late 2020 to address ownership of AI created works. One question in WIPO’s Revised Issues Paper: “[i]f a human inventor is required to be named, should AI-generated inventions fall within the public domain or should the law given indications of the way in which the human inventor should be determined?” Likewise, the U.S. Copyright Office held a conference in February of 2020 year titled: “Copyright in the Age of Artificial Intelligence” and, later in the year, the USPTO published a report “Public Views on Artificial Intelligence and Intellectual Property Policy. The USPTO Report confirmed that AI cannot “invent nor author without human invention.”

Given the foregoing, you would not likely be able to enjoin Jim from commercially exploiting Portrait in either the EU or the US. As for the software company that created Portrait via its AI, the answer would, in all likelihood, be the same.

 

This article first appeared in Epicenter -- European Policy Information Center.

Since 2006, Ryan has been the principal of Long & Associates PLLC, a Santa Monica based boutique law practice. His e-mail: [email protected]. He solves tricky intellectual property issues for pioneering tech / media / design clients. They include interior designers like Ms. Allison Cosmos and fine artists such as painter Mr. William Petty, based within the U.S. and beyond. Ryan is also a non-residential fellow of Stanford Law School’s Center for Internet and Society. He has written for or been interviewed by the likes of TechCrunch, among others, about artificial intelligence, blockchain, and how to tackle “deep fake” content.

 

Photo on preview: by Andrea De Santis on Unsplash

Komentāri: 20
REVCOVERY COMPANY
Dec 15, 2024 01:39
Anyone. Brunoe Quick Hack is here to help you clean your data drive out all intruders on your computer and help you with a self-customized security that detects all viruses and spamming mail. Brunoequickhack AT gmail.com


REVCOVERY COMPANY
Dec 15, 2024 01:39
Anyone. Brunoe Quick Hack is here to help you clean your data drive out all intruders on your computer and help you with a self-customized security that detects all viruses and spamming mail. Brunoequickhack AT gmail.com


REVCOVERY COMPANY
Dec 15, 2024 01:38
Anyone. Brunoe Quick Hack is here to help you clean your data drive out all intruders on your computer and help you with a self-customized security that detects all viruses and spamming mail. Brunoequickhack AT gmail.com


REVCOVERY COMPANY
Dec 15, 2024 01:38
Anyone. Brunoe Quick Hack is here to help you clean your data drive out all intruders on your computer and help you with a self-customized security that detects all viruses and spamming mail. Brunoequickhack AT gmail.com


Mavis Wanczyk
Dec 12, 2024 15:32
My name is Mavis Wanczyk, from Chicopee, Massachusetts. I’m excited to share my fantastic experience with Dr. Kachi, who is outstanding at lottery spell casting online. No matter where you are or how challenging your situation might be, Dr. Kachi can help you win in lotteries and other gambling games. If you’ve been searching for winning numbers without success, Dr. Kachi’s spells are known for providing the right numbers and lucky letters. Many have become millionaires after just one game using his powerful spells. I contacted Dr. Kachi shared the necessary details, and he provided me with six Powerball numbers: 6, 7, 16, 23 26, plus the Powerball number 4. I played them and won $758.7 Million! My life has changed dramatically, and I am incredibly thankful to Dr. Kachi. If you’re interested, you can reach Dr. Kachi by text or call at +1 (209) 893-8075, email him at [email protected], or visit his website here https://drkachispellcaster.wixsite.com/my-site. Thank you so much, Dr. Kachi.
Mavis Wanczyk
Dec 12, 2024 15:30
My name is Mavis Wanczyk, from Chicopee, Massachusetts. I’m excited to share my fantastic experience with Dr. Kachi, who is outstanding at lottery spell casting online. No matter where you are or how challenging your situation might be, Dr. Kachi can help you win in lotteries and other gambling games. If you’ve been searching for winning numbers without success, Dr. Kachi’s spells are known for providing the right numbers and lucky letters. Many have become millionaires after just one game using his powerful spells. I contacted Dr. Kachi shared the necessary details, and he provided me with six Powerball numbers: 6, 7, 16, 23 26, plus the Powerball number 4. I played them and won $758.7 Million! My life has changed dramatically, and I am incredibly thankful to Dr. Kachi. If you’re interested, you can reach Dr. Kachi by text or call at +1 (209) 893-8075, email him at [email protected], or visit his website here https://drkachispellcaster.wixsite.com/my-site. Thank you so much, Dr. Kachi.
Bahwan Hariri
Dec 11, 2024 18:11
I am so happy to introduce you to (Seeker Assets Recovery) who swift into quick action when I reported my scammed money from Bitcoins investment to them as soon I followed their procedures, I was scammed for the sum of (49,530) CAD, from Bitcoins investment and (Seeker Assets Recovery) They help me recover my money back in 24 hours, I recommend you all to (Seeker Assets Recovery) at their support Mail: info @ seekerassetsrecovery . com , WhatsApp number: +15143122803, They deliver as promised.
Bahwan Hariri
Dec 11, 2024 18:11
I am so happy to introduce you to (Seeker Assets Recovery) who swift into quick action when I reported my scammed money from Bitcoins investment to them as soon I followed their procedures, I was scammed for the sum of (49,530) CAD, from Bitcoins investment and (Seeker Assets Recovery) They help me recover my money back in 24 hours, I recommend you all to (Seeker Assets Recovery) at their support Mail: info @ seekerassetsrecovery . com , WhatsApp number: +15143122803, Website: seekerassetsrecovery . com They deliver as promised.
Bahwan Hariri
Dec 11, 2024 18:11
I am so happy to introduce you to (Seeker Assets Recovery) who swift into quick action when I reported my scammed money from Bitcoins investment to them as soon I followed their procedures, I was scammed for the sum of (49,530) CAD, from Bitcoins investment and (Seeker Assets Recovery) They help me recover my money back in 24 hours, I recommend you all to (Seeker Assets Recovery) at their support Mail: info @ seekerassetsrecovery . com , WhatsApp number: +15143122803, Website: seekerassetsrecovery . com They deliver as promised.
Bahwan Hariri
Dec 11, 2024 18:10
I am so happy to introduce you to (Seeker Assets Recovery) who swift into quick action when I reported my scammed money from Bitcoins investment to them as soon I followed their procedures, I was scammed for the sum of (49,530) CAD, from Bitcoins investment and (Seeker Assets Recovery) They help me recover my money back in 24 hours, I recommend you all to (Seeker Assets Recovery) at their support Mail: info @ seekerassetsrecovery . com , WhatsApp number: +15143122803, Website: seekerassetsrecovery . com They deliver as promised.
oliviastephen02
Dec 09, 2024 06:55
Quick love spells to get your ex-lover back.

Everything I’m going to suggest for you is what I’ve seen breathe new life into broken marriages for thousands of women in your distressing situation—and what I did to revitalize my own broken marriage. I was heart broken when my husband left me and moved to California to be with another woman. I felt my life was over and my kids thought they would never see their father again. I tried to be strong just for the kids but I could not control the pains that tormented my heart, my heart was filled with sorrows and pains because I was really in love with my husband. I have tried many options but he did not come back, until i met a friend that directed me to Dr. Excellent a spell caster, who helped me to bring back my husband after 11hours. Me and my husband are living happily together again, This man is powerful, Contact Dr. Excellent for any kind of spiritual problems or any kind of spell or relationship problems he is capable of making things right for you with no side effect. Here his contact. Call/WhatsApp him at: +2348084273514 "Or email him at: [email protected] , His website:https://lovespellonline.godaddysites.com
oliviastephen02
Dec 09, 2024 06:54
Quick love spells to get your ex-lover back.

Everything I’m going to suggest for you is what I’ve seen breathe new life into broken marriages for thousands of women in your distressing situation—and what I did to revitalize my own broken marriage. I was heart broken when my husband left me and moved to California to be with another woman. I felt my life was over and my kids thought they would never see their father again. I tried to be strong just for the kids but I could not control the pains that tormented my heart, my heart was filled with sorrows and pains because I was really in love with my husband. I have tried many options but he did not come back, until i met a friend that directed me to Dr. Excellent a spell caster, who helped me to bring back my husband after 11hours. Me and my husband are living happily together again, This man is powerful, Contact Dr. Excellent for any kind of spiritual problems or any kind of spell or relationship problems he is capable of making things right for you with no side effect. Here his contact. Call/WhatsApp him at: +2348084273514 "Or email him at: [email protected] , His website:https://lovespellonline.godaddysites.com
Carol Terry
Dec 06, 2024 20:27
Hello Everyone, I'm willing to talk about my experience investing in bitcoin. You can, however, get your stolen bitcoins back. I was taught that recovering bitcoin was impossible, therefore I never thought it was conceivable. I recently lost close to $99,000 after falling for a forex scam that promised absurdly large returns. I looked everywhere for assistance before finding a WIZARD JAMES RECOVERY article online. When I contact WIZARD JAMES RECOVERY, my excitement was once more total. Get in touch with WIZARD JAMES RECOVERY as soon as possible. They are a registered hacking group that can help with a quick and efficient bitcoin recovery. Contact WIZARD JAMES RECOVERY on WhatsApp Or at

Email: ( [email protected] )

WhatsApp Number: (‪+1 234) 389-4661
Carol Terry
Dec 06, 2024 20:22
Hello Everyone, I'm willing to talk about my experience investing in bitcoin. You can, however, get your stolen bitcoins back. I was taught that recovering bitcoin was impossible, therefore I never thought it was conceivable. I recently lost close to $99,000 after falling for a forex scam that promised absurdly large returns. I looked everywhere for assistance before finding a WIZARD JAMES RECOVERY article online. When I contact WIZARD JAMES RECOVERY, my excitement was once more total. Get in touch with WIZARD JAMES RECOVERY as soon as possible. They are a registered hacking group that can help with a quick and efficient bitcoin recovery. Contact WIZARD JAMES RECOVERY on WhatsApp Or at

Email: ( [email protected] )

WhatsApp Number: (‪+1 234) 389-4661
Carol Terry
Dec 06, 2024 20:21
Hello Everyone, I'm willing to talk about my experience investing in bitcoin. You can, however, get your stolen bitcoins back. I was taught that recovering bitcoin was impossible, therefore I never thought it was conceivable. I recently lost close to $99,000 after falling for a forex scam that promised absurdly large returns. I looked everywhere for assistance before finding a WIZARD JAMES RECOVERY article online. When I contact WIZARD JAMES RECOVERY, my excitement was once more total. Get in touch with WIZARD JAMES RECOVERY as soon as possible. They are a registered hacking group that can help with a quick and efficient bitcoin recovery. Contact WIZARD JAMES RECOVERY on WhatsApp Or at

Email: ( [email protected] )

WhatsApp Number: (‪+1 234) 389-4661
Carol Terry
Dec 06, 2024 20:21
Hello Everyone, I'm willing to talk about my experience investing in bitcoin. You can, however, get your stolen bitcoins back. I was taught that recovering bitcoin was impossible, therefore I never thought it was conceivable. I recently lost close to $99,000 after falling for a forex scam that promised absurdly large returns. I looked everywhere for assistance before finding a WIZARD JAMES RECOVERY article online. When I contact WIZARD JAMES RECOVERY, my excitement was once more total. Get in touch with WIZARD JAMES RECOVERY as soon as possible. They are a registered hacking group that can help with a quick and efficient bitcoin recovery. Contact WIZARD JAMES RECOVERY on WhatsApp Or at

Email: ( [email protected] )

WhatsApp Number: (‪+1 234) 389-4661
Michael Raymond
Dec 02, 2024 22:14
I want to share my experience about how I got My Wife Back. After three years of a broken marriage, My Wife left me with our two kids. We were constantly quarreling and struggling, which ultimately led to a serious breakup. My wife packed her things and moved away. Despite this, I was determined to reunite with her. But I was told by a reliable source, a very close co-worker, that Dr Kachi is a very dedicated, gifted and talented person, Then I met Dr. Kachi, a remarkable spell caster, who assured me that my wife would return within 24 hours after he prepared a love spell. I’m thrilled to say that Dr. Kachi kept his word! My Wife came back home, fell to her knees, and begged for my forgiveness. Today, our family is back together, and we are happy, healthy, and living together again. Dr. Kachi made my dreams come true by helping us reunite. If you need his assistance, divorce issues in your relationship you can contact him Text or Call at +1 (209) 893-8075, or visit his website at https://drkachispellcaster.wixsite.com/my-site Email him at [email protected]
jason Moore
Dec 02, 2024 08:15
Contact Daniel for your crypto wallet recovery or credit repair, this is my testimony as a result of his service earlier this year, I contacted Daniel when I forgot the password to my wallet with over $860,000 worth of btc, I was on the verge of depression when I came across a review about Daniel on Quora and I reached out to him, for a fair price my account was recovered, I don’t even know how he managed to pull that off cause I’m still mind blown by it, I also introduced my friend Lisa to him for credit repair and he helped boost her credit score from 488 to 710, do reach out to Daniel via [email protected] and his phone number is 3213480606 if you need help.
Mary Robinson
Nov 12, 2024 04:31
Good day to everyone reading my post, i'm here to appreciate a legitimate spell caster call Dr Kachi who can help you winning the lottery draw, i have never win a biggest amount in lottery unite the day i saw good reviews about DR Kachi how he has helped a lot of people in different ways both financially/martially and i have been playing Mega Million for 8years now, but things suddenly change the moment i contacted Dr Kachi and explained everything to me about the spell and I accepted. I followed his instructions and played the Mega Million with the numbers he gave me, now i am a proud lottery winner with the help of Dr Kachi spell, i win $640 Million Dollars in Mega Millions Ticket, i am making this known to everyone out there who have been trying all day to win the lottery jackpot, believe me this is the only way to win the lottery, this is the real secret we all have been searching for. I want to thank Dr Kachi for his endless help and his from the United States. you can contact via email drkachispellcast@gmail. com or through Text and Call Number: +1 (209) 893-8075
JACK
Nov 11, 2024 12:32
A bitcoin broker introduced a long-term investment plan to us and he recommended Binaryexpert which I never turned ignorant of. we run three cryptocurrency investments but BTC skyrockets our fortune as we watch it rise from $9500 when we invested to $22000 in December 2023.
we began with a bonus reward, paid on the 7th of January 2024. The truth is, I never learned trading but my husband did, while I observed the market with the guidance of this company we had our goals set. A lot of crypto companies are emerging, I am very confident to introduce ([email protected]) Telegram +1 (323) 910-1605) as a company I trust on legit cryptocurrency trading, mining, buying, and selling. Talk to them through the above address.
Mēs izmantojam sīkdatnes, lai nodrošinātu Jums labāku apmeklēšanas pieredzi. Turpinot skatīt mūsu platformu, Jūs automātiski pieņemas un piekrītat šai praksei
Piekrītu