MVV347K AI, Law, and Governance
Lecture 4 – AI and intellectual property
WIPO Artificial Intelligence and Intellectual Property
WIPO session on the opportunities and challenges raised by generative AI
WIPO Guide on Generative AI; uploaded to IS
Copyright and AI
How artificial intelligence works in relation to copyright
https://ipkitten.blogspot.com/2022/12/how-artificial-intelligence-works-in.html
Very few jurisdictions expressly provide for copyright in computer-generated works. These
include (and may be limited to) Hong Kong (section 11(3), Copyright Ordinance), India
(section 2(d)(vi), Copyright Act, 1957), Ireland (Art. 21, Copyright and Related Rights Act
2000), New Zealand (section 5(2)(a), Copyright Act 1994), South Africa (section
2(h), Copyright Act 1978) and the UK (Copyright, Designs and Patents Act 1988, section
9(3)).
• UK – Originality and subject matter requirements (Nova Productions v Mazooma
Games Ltd & Ors)
• EU – Originality requirement, no need for categorisation – focus on the author as the
source of creativity and expression of creative choice (Infopaq, BSA, Painer)
• US – minimum degree of creativity, author must be a human being (Naruto v. Slater)
Generative AI: US Copyright Office denies registration
https://ipkitten.blogspot.com/2023/03/generative-artificial-intelligence-us.html
Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI
https://copyrightblog.kluweriplaw.com/2024/02/29/is-generative-ai-fair-use-of-copyright-
works-nyt-v-openai/
A response by Ryan Abbott on the Thaler v. Perlmutter in the D.C. Circuit Court of Appeals,
arguing for copyright protection for an AI-generated work. Thaler-v-Perlmutter-Reply-Brief;
uploaded to IS
Question: Who would benefit?
WIPO magazine, ‘Regulating machine data: less is more for global growth’
Creative Commons, Artificial Intelligence and Creativity: Why We’re Against Copyright
Protection for AI-Generated Output
Aviv Gaon, The Future of Copyright in the Age of Artificial Intelligence (2021)
Deepfakes:
https://iapp.org/news/a/voice-actors-and-generative-ai-legal-challenges-and-emerging-
protections/
Patent and AI
The Artificial Inventor Project
https://www.wipo.int/wipo_magazine/en/2019/06/article_0002.html
IPKat, ‘The mirage of AI invention - nothing more than advanced trial and error?’
Noam Shemtov, ‘A Study on Inventorship in Inventions Involving AI Activity’, European
Patent Office 2019
Artificial intelligence and intellectual property: copyright and patents – a response by the
CREATe Centre to the UK Intellectual Property Office’s open consultation
https://academic.oup.com/jiplp/article/17/3/321/6550465
Number of AI /IP relevant publications from Ryan Abbot
https://ryanabbott.com/publications/