Artificial Intelligence will have a great impact on many aspects of our life, including IP protection. Investments on AI development are increasing and strong competition amongst various countries already started, with USA and China leading the path. EU is also planning investments and study researches, including a call for tender relating to “Trends and Developments in Artificial Intelligence – Challenges to the Intellectual Property Rights Framework” launched on March 2019. As we will see, current copyright laws in EU are probably not covering AI results. The question is whether protection is needed; and in this case what kind of protection would be more advisable, taking into consideration the effects – and the possible counter-effects – on human authors’ protection and the economy.
1. Results produced by AI
Examples of works of art created by AI are now numerous. One case concerns the Collective “Obvious”, based in Paris, that used the IT system GAN (Generative Adversarial Network) to produce a portrait in a pictorial style between the 14th and 20th centuries. The goal was to produce a portrait that could not be distinguished by a work created by a human author, with reference to style and subject, and at the same time “original” (in the sense that it was not identical to prior paintings). The result was a work of art named “Compte de Bellamy”, that went to auction at Christies in October 2018. Similar examples relate to the songs realized by the “Creativity Machine” of Dr. Thaler, that in one single weekend produced 11,000 new music tracks. In these cases, the natural person/s collect the data input and expose the IT systems to such data, choosing the goal of the activity, however without making any decision as to the actual expressive form of the final work of art. It is the IT system that through a generator elaborates various results; such results are then selected by a second device (the discriminator) based on their indistinguishability from a work of human creation and on the basis of their “originality”.
2. Creation in Copyright
Works of art are protected since they are the author’s own intellectual creation, i.e. the result of the choice, sequence and combination realized by the author (see ECJ 16th July 2009, C-5/08 – Infopaq). As indicated above, AI works cannot be distinguished by human creations, is so far as they look like them. Therefore, in judging from the features of the work, there should be no difference between AI and human creations, also considering that the threshold for the protection of the latter is generally considered to be rather low. However, there is a key question here to be answered, i.e. whether creation as such implies conscience and will. If this is the case, AI works could not qualify for the protection, as the IT systems could hardly be said to exercise conscience and will for the creation.
3. Author as a natural person
Another issue concerns the possibility for a non-human entity to acquire the copyright on a work of art. According to the vast majority of copyright laws in the world, only natural persons can be authors, and acquire both economic as well as moral rights. The latter can hardly be conferred to a device. In this respect one could make reference to the debate originated in the USA in relation to the famous “Naruto” portrait, that was a photograph taken by a macaque, using the camera let on purpose unattended by the owner, the photographer David Slater, to allow spontaneous activities by the group of monkeys that he was observing in 2011. The photographer claimed to be the owner of the photograph, however the United States Court of Appeals of the Ninth Circuit found differently with its decision of April 23, 2018. In 2014 the US Copyright Office expressly established that copyright can only protect original works of authorship, i.e. created by a human being, excluding works created by “nature, animals, or plants”. Therefore, it would seem that AI works autonomously produced by the IT system could not qualify for copyright protection. In other words, protection could be granted only when there is human intervention in the process carried out by the AI. After all, one has to bear in mind that the approach toward AI should be based on the key principle according to which the center and focus of the protection is and remain the human being. Therefore, AI is a tool and should not be the goal or the focus of the protection.
4. If AI cannot be protected by copyright, is there a need for another form of protection?
If AI cannot be protected by copyright, as indicated above, the fear exists that this will result in decrease of investments in AI, thus limiting the possibility of quickly reaching all the positive effects that AI seems to promise. For this reason, some countries are going far and debating the possibility and opportunity to even granting legal subjectivity to AI (for instance, Saudi Arabia would have granted citizenship to a robot named Sophie, while Tokyo would have granted residence to another robot called Shibuya Mirai). Setting aside these extreme positions, that would require careful examination of many issues (first of all, ethical and philosophic issues), it would seem that there are a number of options available to try and protect AI’s results. For instance, one could reconsider the notion of creativity, and extend it to comprehend works created by AI, enhancing human intervention consisting of selecting the data collected and entered into the machine and choosing the parameters that define the objective of the machine’s activity. It is also possible to think of attributing a kind of sui generis right to AI (rather than copyright), also given the circumstance that the value behind AI seems to concern more the investments than the creativity.
5. “Killing” human authors?
Finally, it has to be considered that AI produces (and will increasingly produce) high amounts of works that will not be distinguishable from works created by human beings, as indicated above. One certainly shares the view that AI should be used to improve wellbeing for human beings, rather than the other way around. Therefore, it would seem rather reasonable to try and maintain high protection for human beings when they create works of art, and exclude any protection, or grant minor protection, to the results of AI activities. However, it is necessary to also think to possible countereffects of this approach. Works created by human beings, albeit substantially similar to those created by AI, will present higher barriers to exploitation than the latter, that would be in public domain, or subject to a shorter deadline for the protection, or in any event probably cheaper. Would this benefit and promote human creativity, or will there be an opposite effect? In this scenario, a possibility is that the notion of creation (and the relating copyright protection) is limited to those works of art realized by a human being, which are the result of an intuitive creative act, not reproducible by a machine. However, since creativity and its nature has been quite a complex issue to define (and still is), one wonders whether it is actually possible to draw the line above indicated. Also, it should be carefully consider how this conclusion will impact to the job market in the creative industries (setting aside the circumstance that AI will probably dramatically change the way through which such industries will operate).
Original post: https://www.lexology.com/library/detail.aspx?g=4f5fb5fa-b968-4049-8297-0cff617917b5
Hey There. I found your blog using msn. This is a very well written article.
I’ll make sure to bookmark it and return to read more of your useful info.
Thanks for the post. I’ll certainly comeback.
I would like to thank you for the efforts you’ve put in writing this site.
I really hope to see the same high-grade blog posts by you later
on as well. In truth, your creative writing abilities has encouraged
me to get my own website now 😉
Hello! I know this is kinda off topic but I was wondering if you knew where
I could find a captcha plugin for my comment form? I’m using the same
blog platform as yours and I’m having problems finding one?
Thanks a lot!
I think that is among the most significant information for me.
And i’m happy reading your article. But should remark on some normal
things, The web site taste is wonderful, the articles
is in reality great : D. Good activity, cheers
Hey there! I know this is kind of off topic but I was wondering if you knew where I could
find a captcha plugin for my comment form?
I’m using the same blog platform as yours and I’m having difficulty finding one?
Thanks a lot!
Hi friends, how is everything, and what you want to say about this paragraph,
in my view its actually amazing in favor of me.
Hi there, I enjoy reading through your article post.
I like to write a little comment to support you.
My spouse and I stumbled over here different
website and thought I might as well check things out.
I like what I see so now i am following you. Look forward to exploring your
web page repeatedly.
I used to be able to find good advice from your blog articles.
Useful info. Fortunate me I discovered your site unintentionally, and I am shocked why
this twist of fate didn’t took place earlier! I bookmarked it.
Heya i am for the first time here. I found this board and I find It truly useful & it helped me out a lot.
I hope to give something back and aid others like you
helped me.
Pretty! This was an extremely wonderful article.
Thanks for providing this info.
I’m the manager of JustCBD brand (justcbdstore.com) and I’m presently trying to develop my wholesale side of company. I am hoping anybody at targetdomain give me some advice . I considered that the very best way to do this would be to connect to vape stores and cbd retailers. I was really hoping if anyone could suggest a dependable web-site where I can get Vape Shop Business Contact Details I am already considering creativebeartech.com, theeliquidboutique.co.uk and wowitloveithaveit.com. Not sure which one would be the most suitable selection and would appreciate any guidance on this. Or would it be easier for me to scrape my own leads? Ideas?
I am the owner of JustCBD Store brand (justcbdstore.com) and I’m presently looking to expand my wholesale side of company. I really hope that anybody at targetdomain can help me ! I thought that the best way to accomplish this would be to connect to vape shops and cbd retailers. I was really hoping if anybody could recommend a trustworthy web site where I can buy Vape Store Email List I am currently taking a look at creativebeartech.com, theeliquidboutique.co.uk and wowitloveithaveit.com. Not sure which one would be the very best option and would appreciate any guidance on this. Or would it be simpler for me to scrape my own leads? Ideas?
Nice post. I learn something new and challenging on websites I stumbleupon on a daily basis. It’s always interesting to read content from other writers and practice something from their websites.
Can I simply say what a relief to find a person that really knows what they are talking about online. You definitely understand how to bring a problem to light and make it important. A lot more people really need to read this and understand this side of your story. I was surprised you’re not more popular because you most certainly have the gift.
What’s up mates, how is all, and what you would like to say regarding this piece
of writing, in my view its actually amazing designed for me.
Great post. I will be going through many of these issues as well..
Good web site you have got here.. It’s difficult to find high-quality writing like yours nowadays. I seriously appreciate individuals like you! Take care!!
Oh my goodness! Awesome article dude! Many thanks, However I am having problems with your RSS.
I don’t know why I can’t join it. Is there anybody
else getting similar RSS problems? Anyone that knows the answer
can you kindly respond? Thanks!!
I need to to thank you for this good read!! I absolutely loved every bit of it. I have you book-marked to look at new stuff you post…
Good article. I definitely appreciate this website. Stick with it!
You have made some decent points there. I checked on the web to learn more about the issue and found most people will go along with your views on this website.
Wow, marvelous blog layout! How long have you been blogging for?
you made blogging look easy. The overall look of your web site is
excellent, as well as the content!
I seriously love your site.. Very nice colors & theme. Did you build this web site yourself? Please reply back as I’m attempting to create my own personal website and would love to know where you got this from or exactly what the theme is named. Thanks!
I visit everyday a few sites and sites to read posts, however this blog offers feature based articles.
This is a topic that’s close to my heart… Thank you! Where are your contact details though?
You made some decent points there. I looked on the web to find out more about the issue and found most people will go along with your views on this website.
Howdy! Someone in my Facebook group shared this website with us so I came to check it out.
I’m definitely enjoying the information. I’m book-marking and will be tweeting this to my followers!
Terrific blog and great design and style.
This website was… how do you say it? Relevant!! Finally I’ve found something that helped me. Many thanks!
May I just say what a comfort to find an individual who actually understands what they’re talking about on the internet. You definitely know how to bring a problem to light and make it important. A lot more people must look at this and understand this side of the story. It’s surprising you aren’t more popular because you most certainly have the gift.
I’m impressed, I must say. Seldom do I encounter a blog that’s equally educative and amusing, and without a doubt, you have hit the nail on the head. The issue is something which too few men and women are speaking intelligently about. I’m very happy I came across this during my search for something concerning this.
Great goods from you, man. I have understand your stuff previous to and you’re just extremely wonderful.
I actually like what you have acquired here, certainly
like what you’re saying and the way in which you say it.
You make it entertaining and you still care for to keep it wise.
I cant wait to read much more from you. This is actually a wonderful web site.
adreamoftrains web hosting
I truly love your website.. Great colors & theme. Did you make this site yourself? Please reply back as I’m hoping to create my own blog and would love to learn where you got this from or just what the theme is called. Kudos!
Very descriptive post, I liked that bit. Will there be a part 2?
An impressive share! I’ve just forwarded this onto a colleague who has been doing a little research on this. And he in fact ordered me lunch simply because I stumbled upon it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanks for spending time to talk about this topic here on your web page.
I love it when people come together and share opinions. Great blog, stick with it!
Everything is very open with a really clear description of the issues. It was definitely informative. Your site is very useful. Many thanks for sharing!
I wanted to thank you for this wonderful read!! I certainly loved every bit of it. I’ve got you bookmarked to check out new stuff you post…
Having read this I believed it was rather informative. I appreciate you spending some time and effort to put this article together. I once again find myself personally spending a significant amount of time both reading and posting comments. But so what, it was still worth it!
I used to be able to find good info from your blog posts.
Hello there! This blog post couldn’t be written much better! Looking at this article reminds me of my previous roommate! He always kept talking about this. I’ll send this post to him. Pretty sure he’ll have a good read. Many thanks for sharing!
I’m more than happy to uncover this page. I want to to thank you for ones time for this fantastic read!! I definitely really liked every little bit of it and i also have you saved to fav to look at new things in your web site.
This blog was… how do you say it? Relevant!! Finally I’ve found something that helped me. Thanks!
Hello! Do you know if they make any plugins to safeguard against hackers?
I’m kinda paranoid about losing everything I’ve worked hard on. Any suggestions?
Thank you for any other magnificent post. The place else could anyone get
that type of information in such an ideal way of writing?
I’ve a presentation subsequent week, and I am at the search for such information.
I just want to say I’m newbie to blogging and absolutely loved your web blog. Almost certainly I’m likely to bookmark your website . You absolutely have incredible articles and reviews. Thanks a lot for sharing your blog.
I blog often and I genuinely appreciate your content. This great article has truly peaked my interest. I will bookmark your website and keep checking for new details about once a week. I subscribed to your Feed too.
You made some decent points there. I checked on the web for additional information about the issue and found most individuals will go along with your views on this website.
I read this paragraph completely about the difference of latest and preceding technologies, it’s remarkable
article.
Spot on with this write-up, I seriously think this web site needs much more attention. I’ll probably be returning to read more, thanks for the info!
Hey There. I found your blog using msn. This is a really well written article.
I will make sure to bookmark it and come back to read more of your useful info.
Thanks for the post. I will definitely comeback.
Aw, this was an extremely nice post. Taking a few minutes and actual effort to generate a really good article… but what can I say… I hesitate a whole lot and never seem to get nearly anything done.
An outstanding share! I have just forwarded this onto a coworker who was conducting a little research on this. And he in fact bought me lunch because I found it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanks for spending time to discuss this issue here on your internet site.
Hello! I know this is kind of off topic but I was
wondering which blog platform are you using for this site?
I’m getting sick and tired of WordPress because
I’ve had problems with hackers and I’m looking at alternatives for another platform.
I would be awesome if you could point me in the direction of a good platform.
I truly love your blog.. Great colors & theme. Did you make this website yourself? Please reply back as I’m trying to create my very own site and would love to know where you got this from or just what the theme is named. Appreciate it!
Amazing blog! Is your theme custom made or did you download it from somewhere?
A theme like yours with a few simple tweeks would really make my
blog jump out. Please let me know where you got your theme.
Thanks a lot adreamoftrains hosting services
It’s nearly impossible to find knowledgeable people in this particular subject, however, you seem like you know what you’re talking about! Thanks
Way cool! Some very valid points! I appreciate you writing this article and the rest of the site is also really good.
Very good post! We are linking to this great content on our site. Keep up the great writing.
I was wondering if you ever thought of changing the structure of
your blog? Its very well written; I love what youve got to say.
But maybe you could a little more in the way of content so people could connect with it better.
Youve got an awful lot of text for only having one or two images.
Maybe you could space it out better?
This is a topic that is close to my heart… Thank you! Exactly where are your contact details though?
Nice post. I learn something totally new and challenging
on sites I stumbleupon every day. It’s always useful to read content from other writers and practice a little
something from their sites.
Excellent post! We are linking to this great post on our site. Keep up the good writing.
This web site definitely has all the information and facts I wanted about this subject and didn’t know who to ask.
An outstanding share! I have just forwarded this onto a coworker who had been conducting a little homework on this. And he actually ordered me dinner simply because I discovered it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanx for spending some time to discuss this subject here on your website.
Nice post. I learn something totally new and challenging on sites I stumbleupon on a daily basis. It’s always useful to read through content from other authors and practice a little something from other web sites.
Having read this I thought it was rather enlightening. I appreciate you finding the time and energy to put this informative article together. I once again find myself personally spending a lot of time both reading and commenting. But so what, it was still worth it!
I want to to thank you for this very good read!! I definitely loved every little bit of it. I have you saved as a favorite to look at new things you post…
Saved as a favorite, I like your website!
I was excited to discover this website. I want to to thank you for ones time just for this wonderful read!! I definitely savored every part of it and I have you saved as a favorite to check out new stuff in your website.
Way cool! Some very valid points! I appreciate you writing this write-up and the rest of the site is extremely good.
I have to thank you for the efforts you’ve put in writing this blog. I really hope to view the same high-grade content by you in the future as well. In truth, your creative writing abilities has encouraged me to get my very own blog now 😉
After looking into a few of the articles on your web page, I honestly like your way of blogging. I saved as a favorite it to my bookmark site list and will be checking back soon. Please check out my website as well and let me know how you feel.
After looking into a few of the articles on your web page, I really appreciate your technique of blogging. I saved as a favorite it to my bookmark site list and will be checking back soon. Please check out my website too and let me know how you feel.
I could not resist commenting. Well written!
Very good information. Lucky me I came across your site by chance (stumbleupon). I have saved it for later!
The very next time I read a blog, Hopefully it doesn’t disappoint me just as much as this one. After all, Yes, it was my choice to read, but I truly believed you’d have something interesting to talk about. All I hear is a bunch of moaning about something you could fix if you were not too busy looking for attention.
I have to thank you for the efforts you’ve put in writing this blog. I really hope to see the same high-grade content from you in the future as well. In fact, your creative writing abilities has motivated me to get my own, personal site now 😉
I wanted to thank you for this good read!! I definitely enjoyed every bit of it. I’ve got you bookmarked to check out new things you post…
I was able to find good info from your blog posts.
I’d like to thank you for the efforts you’ve put in penning this site. I am hoping to check out the same high-grade blog posts by you later on as well. In fact, your creative writing abilities has encouraged me to get my own blog now 😉
Good write-up. I certainly love this site. Thanks!
Your style is so unique compared to other folks I’ve read stuff from. I appreciate you for posting when you’ve got the opportunity, Guess I’ll just bookmark this page.
You made some really good points there. I checked on the net for additional information about the issue and found most people will go along with your views on this site.
I blog quite often and I truly thank you for your information. This great article has truly peaked my interest. I will take a note of your site and keep checking for new details about once a week. I subscribed to your Feed too.
An interesting discussion is worth comment. I do think that you need to publish more on this subject, it might not be a taboo subject but usually folks don’t discuss these subjects. To the next! All the best!!
I really like it when individuals get together and share views. Great website, continue the good work!
I quite like looking through a post that can make people think. Also, thanks for allowing me to comment!
Everyone loves it when people come together and share views. Great website, continue the good work!
Achieving your fitness goal doesn’t need a certified personal trainer or an expensive gym membership, especially if you have the budget and the space to consider practically every workout machine on the market.
I have read so many content about the blogger lovers but this article is genuinely a
pleasant article, keep it up.
Excellent article. I certainly appreciate this site. Keep writing!
I’m amazed, I must say. Seldom do I encounter a blog
that’s both educative and amusing, and let me tell you, you have hit the nail on the
head. The issue is something too few folks are speaking
intelligently about. Now i’m very happy I found this during my
hunt for something concerning this. cheap flights 3aN8IMa
This is very interesting, You are a very professional blogger.
I have joined your feed and stay up for in quest of more of your great post.
Additionally, I’ve shared your site in my social networks 2CSYEon cheap flights
Having read this I thought it was rather enlightening. I appreciate you spending some time and effort to put this article together. I once again find myself spending a lot of time both reading and posting comments. But so what, it was still worthwhile!
I have to thank you for the efforts you have put in penning this site. I’m hoping to see the same high-grade blog posts from you in the future as well. In truth, your creative writing abilities has motivated me to get my own blog now 😉
May I simply just say what a comfort to discover somebody that actually knows what they’re talking about on the internet. You definitely understand how to bring an issue to light and make it important. More and more people should look at this and understand this side of your story. I can’t believe you are not more popular given that you surely have the gift.
Hello there! I know this is somewhat off topic but I was wondering which
blog platform are you using for this site?
I’m getting fed up of WordPress because I’ve had problems
with hackers and I’m looking at options for another platform.
I would be fantastic if you could point me in the
direction of a good platform. cheap flights 2CSYEon
Thank you for the auspicious writeup. It in fact was a amusement account
it. Look advanced to more added agreeable from you!
However, how can we communicate?
Wow, amazing weblog layout! How lengthy have you been blogging for?
you made blogging glance easy. The total look of your site
is excellent, let alone the content material!
There is definately a lot to know about this issue. I love all the points you made.
Everything is very open with a clear explanation of the challenges. It was truly informative. Your site is very useful. Thanks for sharing!
This site was… how do you say it? Relevant!! Finally I’ve found something which helped me. Thanks a lot!
magnificent issues altogether, you just won a new reader.
What may you recommend about your post that you just made a few days in the past?
Any sure?
It’s very effortless to find out any matter on net as compared to
books, as I found this article at this web site.
Good post. I learn something totally new and challenging on sites I stumbleupon on a daily basis. It will always be exciting to read through articles from other authors and practice a little something from other sites.
Your style is really unique compared to other folks I’ve read stuff from. Many thanks for posting when you’ve got the opportunity, Guess I will just book mark this site.
There’s definately a great deal to learn about this subject. I like all the points you’ve made.
I absolutely love your blog.. Great colors & theme. Did you make this amazing site yourself? Please reply back as I’m attempting to create my own personal website and would like to learn where you got this from or exactly what the theme is named. Thanks!
Greetings! Very helpful advice within this post! It is the little changes that will make the most significant changes. Thanks for sharing!
Next time I read a blog, Hopefully it does not disappoint me just as much as this particular one. I mean, I know it was my choice to read through, but I actually thought you would probably have something interesting to talk about. All I hear is a bunch of complaining about something that you could possibly fix if you weren’t too busy looking for attention.
When I initially commented I appear to have clicked the -Notify me when new comments are added- checkbox and now every time a comment is added I receive 4 emails with the exact same comment. Is there an easy method you are able to remove me from that service? Thank you!
You are so cool! I don’t believe I’ve truly read something like this before. So great to find somebody with a few genuine thoughts on this subject. Really.. many thanks for starting this up. This site is one thing that is needed on the web, someone with a little originality!
Can I simply just say what a relief to uncover somebody who truly knows what they’re talking about over the internet. You actually realize how to bring an issue to light and make it important. More and more people should look at this and understand this side of your story. It’s surprising you’re not more popular because you definitely have the gift.
You’re so interesting! I don’t suppose I’ve truly read anything like that before. So nice to discover someone with some unique thoughts on this subject. Really.. many thanks for starting this up. This site is something that’s needed on the web, someone with a little originality!
https://dianamalone30.hatenablog.com/entry/2020/10/21/142603
This is a topic that is near to my heart… Thank you! Where are your contact details though?
Good post! We are linking to this particularly great post on our website. Keep up the good writing.
Say, you got a nice blog post. Awesome.