Artificial Intelligence and Intellectual Property Law: Exploring the Legal Implications and Challenges
Whether it be a new invention or a YouTube video, individuals are entitled to the rights of their own intellectual property. Intellectual property law consists of using the law to protect these rights and ensure originality within varying inventions, music, writing, designs, and other works. With AI-generated content becoming increasingly prevalent, intellectual property law has adjusted to this revolution of copyright and trademarks. Currently, copyright law, trademark law, and patent law are the three subsectors of IP law. Each focuses on protecting the rights of creators' work, protecting a word, phrase, or design, and protecting new inventions from being stolen by other individuals. Artificial Intelligence adds nuance to intellectual property because it can form content rather than simply steal it. Therefore, both national and international agreements must be established and enforced to avoid infringement upon intellectual property law and prevent an artificial intelligence takeover in the digital world. [1]
Artificial Intelligence has a wide array of applications when it comes to intellectual property. As AI is built on already developed data and algorithms, its content generation often harnesses previously owned content. This can result in artificially made videos being unintentionally copyrighted and stolen from another individual. With AI utilizing extremely large datasets, sourcing this information will prove to become increasingly difficult. An example of this can look like a company utilizing AI-generated content for marketing purposes but is unaware that AI can generate content that infringes on third-party IPs such as trademarks or copyright images. This would signify that the company most likely does not have the legal rights to utilize the content and would be infringing upon intellectual property laws. [2]
While some may think that AI-generated content will never become as sophisticated as human-generated content and that its involvement in AI won't prove to be relevant, companies as large as Coca-Cola have already begun using AI-generated content for marketing purposes. This can be largely credited to the fact that implementing artificial intelligence in content production can prove to be both more cost-effective and perform at a caliber similar to human content creation. In Coca-Cola's recent Christmas commercial, it has been reported that "while a trained eye may be able to spot indicators of AI, the average consumer may not." [3] This further emphasizes the importance of understanding AI-generated content and how it intersects with intellectual property. In terms of future steps in taking this nuance, the U.S. Copyright Office can continue increasing regulations on AI-generated content, as traditional IP regulations and laws would not directly apply to this new form of content. The U.S. Copyright Office has developed guidelines that emphasize the importance of identifying human authors and describing their contributions, providing a clear distinction between non-human and human elements. Moving forward, AI-generated content that is harmful and misleading must also be taken into account, as there have already been multiple instances of well-known creators and individuals artificially saying inappropriate and racist things when, in reality, it was artificial intelligence. [4]
It is also necessary to understand how locating AI-generated content differs from traditional intellectual property findings. This transformed process will involve examining the content to identify potential infringement by using AI tools that can effectively recognize similarities in content with existing copyrighted works. However, it is also important to note that these tools can not guarantee accuracy, so developing tools that allow for maximum efficiency and accuracy is vital. Through creating such a tool, we can significantly reduce liability risks for licensors and licensees. In order to develop a tool that ensures efficacy, we would need to have these national and international agreements already well-established. Then, data can be fed into the artificial intelligence to utilize when making decisions, thus further emphasizing the importance of establishing these standards. [5]
Another aspect of AI-generated content is whether or not its original work is eligible for its own copyright protection. As seen by judicial precedent in the Thaler v. Perlmutter case, a federal court ruled that work generated by artificial intelligence alone was not eligible for copyright protection. In this case, Stephen Thaler created his art through an AI program, where he identified the copyright author as himself. However, the Copyright Office denied his application as it should only extend to work created by human beings. The outcome of this case is logical as AI-generated content is developed on already-existing data, making it illogical to allow an individual to copyright their AI-generated art. [6]
As AI continues to develop at an unprecedented rate, it is crucial that its implications on intellectual property law are taken into account and that international standards are created to prevent the theft of content and inventions. Governments and regulatory bodies should be working together with industry leaders and legal experts to enforce clear and nuanced guidelines for AI-generated content. Specifically, it is imperative that these guidelines address usage rights, ownership, and attribution to maintain creativity without sacrificing originality. On a larger scale, it is crucial that international bodies also work together to build a common framework that aligns intellectual property protection across borders. Through these agreements, the global nature of AI-generated content can be addressed, and fairness for creators can be ensured on an international scale. By staying ahead of the growth rate of AI, we can preserve originality within our society and ensure that the technology is being utilized for the better rather than having a harmful impact on our progression.
Edited by Ava Betanco-Born
Endnotes
[1] “Intellectual Property Law.” Georgetown Law. Accessed November 20, 2024. https://www.law.georgetown.edu/your-life-career/career-exploration-professional-development/for-jd-students/explore-legal-careers/practice-areas/intellectual-property-law/#:~:text=Intellectual%20Property%20law%20deals%20with,%2C%20patents%2C%20and%20trade%20secrets.
[2] Godefroy, James. “How Does Artificial Intelligence Affect Intellectual Property Protection?” Rouse. March 7, 2024. https://rouse.com/insights/news/2024/how-does-artificial-intelligence-affect-intellectual-property-protection#:~:text=If%20a%20brand%20is%20looking,generated%20content%20will%20be%20key.
[3] Konstantinovic, Daniel. “Coca-Cola Used AI to Generate Its Holiday Ad Campaign.” EMARKETER. November 18, 2024. https://www.emarketer.com/content/coca-cola-used-ai-generate-its-holiday-ad-campaign.
[4] McNulty, Thomas. “IP Considerations for AI-Generated Content: Copyrights and Beyond.” Lando & Anastasi, LLP. August 22, 2024. https://www.lalaw.com/knowledge-center/article/ip-considerations-for-ai-generated-content-copyrights-and-beyond/.
[5] Cavella, Catherine. “Licensing and Monetizing AI-Generated Content.” IP Works Law. October 30, 2024. https://ipworkslaw.com/licensing-and-monetizing-ai-generated-content/.
[6] Andrews, Carley. “Federal Court Rules Work Generated by Artificial Intelligence Alone Is Not Eligible for Copyright Protection.” K&L Gates. August 30, 2023. https://www.klgates.com/Federal-Court-Rules-Work-Generated-by-Artificial-Intelligence-Alone-Is-Not-Eligible-for-Copyright-Protection-8-30-2023#:~:text=On%2018%20August%202023%2C%20in,protection%20under%20the%20Copyright%20Act.