As a California copyright attorney, it is important that we highlight the impacts of artificial intelligence on copyright and patent law. Artificial intelligence is the ability of a computerized system to perform functions and tasks that would normally require human interaction or human intelligence. These can include acts such as speech recognition, decision-making, visual perception, language translation, etc. It is no secret that artificial intelligence is ever-evolving.
A general rule of thumb to consider is that only works authored by a human being can be copyrighted. Although copyrights for works generated by artificial intelligence are not specifically prohibited by law, there is no case of an artificial intelligence work being copyrighted. Courts around the world have set precedents that copyright law only protects works produced by humans.
Nation-Wide Scale
The United States Copyright Office launched an artificial intelligence initiative on March 16th, 2023. The initiative is in direct response to the rapid advances in artificial intelligence and its growing effect on individuals and businesses. Congress and members of the public have prompted the U.S. Copyright Office to create this initiative.
The initiative aims to examine the current copyright law and its applications. The U.S. Copyright Office noted that it is already receiving applications for artificial intelligence-generated content to be copyrighted.
On August 30th, 2023, the U.S. Copyright Office issued a notice of inquiry on artificial intelligence and copyright to the Federal Register. The U.S. Copyright Office is conducting a study of copyright law and policies in the aftermath of the recent explosion of artificial intelligence. The study is in an effort to explore if regulatory or legislative steps are necessary. The U.S. Copyright Office plans to advise Congress of its records and findings.
According to the Director of the U.S. Copyright Office, Shira Perlmutter, the initiative and the notice of inquiry will be a critical step in understanding the complex issues raised by artificial intelligence and how it will impact copyright law. The evolution of technology and human creativity has sparked these steps, and the U.S. Copyright Office is doing what it can to keep up.
The Value of a California Copyright Attorney
As outlined above, this is a massive issue and one that may lead to many changes in the foreseeable future. These issues are complex and can be difficult for individuals and business owners to understand and navigate. Handling a complex issue such as copyright infringement requires a dedicated team of experienced professionals who know how to navigate copyright law based on one’s circumstances.
Copyright infringement is almost impossible to take on by yourself. Copyright infringement can include internet content, computer software, audio-visual works, architectural works, literary works, screenplays, etc. This content may seem overwhelming and confusing. It is important to speak with a qualified copyright attorney.
At The Myers Law Group, our guidance doesn’t stop at copyright law. We have dedicated professionals ready to assist in all matters pertaining to intellectual property, which include but are not limited to trademarks, patents, IP licensing, and international filing.
FAQs
Q: How Does Artificial Intelligence Affect Copyright Standards?
A: There are a lot of individuals and corporations that argue that artificial intelligence openly violates copyright law. Many argue that using and training artificial intelligence on copyrighted material is not fair use and should, therefore, be outlawed. As outlined above, there are arguments for both sides. Copyright law is evolving, and individuals and businesses need accurate and fair representation when it comes to copyright law.
Q: How Has Artificial Intelligence Impacted Patent Law?
A: The recent growth of artificial intelligence technologies has sparked changes to the patent system. As artificial intelligence continues to advance, there will be an increase in utility and availability, which will have a direct influence on the need for patentability. There are situations in which an artificial intelligence application can be named as the inventor in a patent application. This is just the tip of the iceberg for the possible changes that could be coming to the patent system.
Q: Are AI Models Infringing the Copyright of Original Content Creators?
A: This question has sparked a hot debate among legal professionals around the world. There are arguments for and against this question. Ultimately, it comes down to proof. In most cases, copyright owners have to prove that an artificial intelligence application infringed on their copyright, meaning that the artificial intelligence had access to the original content and created its own “similar content.” However, each case is unique and requires the attention of a copyright attorney.
Q: Do Artworks Produced by an AI Deserve Copyright Protection?
A: As it stands now, the short answer is no. Artwork that is produced by artificial intelligence is not thought to be an invention of originality. There are arguments made that if a human gives artificial intelligence enough detailed information, then there could be a case for copyright. It is important to note that there has been a precedent set in 2018 that declared that only humans can hold a copyright.
The Myers Law Group
At The Myers Law Group, we understand that business operators have other priorities, and litigation is a hassle distracting them from those things. You have products to make or services to provide. You have customers to take care of and sales to secure. Our experienced team can handle the legal support you require. We seek to provide our clients with a satisfactory outcome, leaving them free for the work they need to be doing.
The intellectual property attorneys at The Myers Law Group serve clients in Orange County, Southern California, and around the world. You will have direct access to our attorneys, the full resources of our law firm, and over 80 years of combined legal experience.
Our legal counsel and representation are some of the most valuable and cost-effective you will find. We are deadline-driven and client-focused, geared for flexibility and creativity. If you are in need of a copyright attorney and are interested in putting our knowledge and experience in litigation to work for you, contact us today.