Dear Farkad Adnan,

I hope you are doing well. I wanted to share some thoughts on the impact of AI on intellectual property rights and the broader implications, including how governments are responding to the rapid advancements in AI technology.

Governments around the world are currently wary of AI’s rapid development because it exposes the fact that they may have been holding back technological knowledge from the public. This concern is leading many to impose sanctions or restrictions on AI technology, aiming to control its dissemination and use. However, there is a notable double standard, as governments are not hesitant to leverage AI for their own purposes, such as surveillance, defense, and data analysis. This selective adoption raises important questions about transparency and equitable access to technology.

The evolving landscape of AI and intellectual property presents both challenges and opportunities. It’s essential to find a balanced approach that addresses legitimate concerns while still fostering technological advancement and public access to AI's benefits.

I look forward to hearing your thoughts on this matter.

Best regards, Dr. SCPSL James Henderson Mitchell

The impact of AI on Intellectual Property Rights (IPR) is significant. AI can create inventions, music, and art, which raises questions about who owns these creations – the AI or the human who built it. It also challenges traditional copyright and patent systems, as they are not fully equipped to handle AI-generated works. This can lead to legal and ethical issues, like determining responsibility for infringement or deciding if AI creations deserve protection under current laws.

Hello Farkand,

This is a great question! Ultimately, we’re still trying to figure this out in the US. Copyright concerns are two-fold: 1) Does using copyrighted content for AI training infringe on protections? 2) Does the AI-generated content infringe copyright, and if not, is it eligible for copyright protections? On this first point, we really don’t know yet. Theoretically, using copyrighted content for AI training could qualify as transformative use under Fair Use Doctrine, but this hasn’t been tested in our courts. The outcome of lawsuits in process, such as NYT v. OpenAI and Getty Images v. Stability AI, should tell us more. On the second point, it’s important to first note that the US Copyright Office deems that people (i.e., users) are not responsible for the content generated by AI, and furthermore, because AI is considered a non-human author, AI-generated content is ineligible for copyright protections. So, if the content generated by an AI system were to be a “copy in fact” – that is, an actual copy of protected content – it is difficult to determine whether the user prompting the AI would be responsible for a “copy in law” – in other words, an act of copying that is deemed infringing. It is more likely that, if this were to occur, the company responsible for development would be held responsible for copyright infringement, which goes back to the first concern. Does using copyrighted content for training infringe copyright? Again, though this theory has yet to be tested in the courts, and cases currently being litigated will tell us more once rulings and court opinions are presented.

I have published some literature on this issue, so please feel free to take a look at my latest research.

Artificial intelligence (AI) is transforming how intellectual property (IP) is created and managed, but it also challenges existing IP frameworks.

For instance, AI can autonomously create music, artwork, or even invent new technologies, leading to questions about who owns the rights to these creations—the AI, its developer, or the user. Current IP laws generally recognize human creators, leaving a gap when it comes to AI-generated works.

Moreover, AI can speed up innovation, but this also increases the volume of patents and copyrights, potentially overwhelming traditional IP systems. Legal frameworks may need updates to address issues like whether AI-generated inventions can be patented, or how to protect original works that AI uses to train its algorithms. Balancing protection for human creators with the need to promote innovation is key to navigating the intersection of AI and intellectual property rights.