Collectively, below approach can foster ethical AI use and safeguard intellectual property in academic and publishing contexts.

• Standards for AI Use: Set clear guidelines for content attribution, data transparency, and copyright compliance to prevent intellectual property infringement.
• Mechanisms for Implementation: Use AI to detect infringements, establish ethical policies, educate users on IP laws, and ensure disclosure of AI involvement.
• Ensuring Compliance: Institutions can conduct audits, employ content verification technologies, and enforce strict academic codes of conduct with penalties for violations.
• Evaluating Effectiveness: Implement regular audits, gather community feedback, and use ethics committees to review and refine policies.
• Future of Standards: AI ethics will evolve with technology, requiring continuous updates and global cooperation. A unified framework involving developers, academics, and policymakers is essential.

This is backwards. Intellectual property rights must be reevaluated in the context of current technology.

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CAN ARTIFICIAL INTELLIGENCE INFRINGE COPYRIGHT? SOME REFLECTIONS

Enrico Bonadio, Plamen Dinev, Luke McDonagh

This is a pre-copyedited, author-produced version of a book section accepted for publication in: Bonadio, Enrico; Dinev, Plamen and McDonagh, Luke. 2022. Can Artificial Intelligence Infringe Copyright? Some Reflections. In: Ryan Abbott, ed. Research Handbook on Intellectual Property and Artificial Intelligence. Cheltenham: Edward Elgar. ISBN 9781800881891 [Book Section]

[CONCLUSION AI systems consume large amounts of data, often involving creative works such as books, photographs and articles. As AI continues to steadily advance and the amount of protected works consumed by intelligent machines expands dramatically, policymakers will have to consider a range of complex questions regarding copyright infringement, exceptions and allocation of liability which have received surprisingly little attention so far. As our analysis shows, this inevitably raises questions of copyright infringement and liability. When would the use of an AI system infringe? Can AI-induced infringement be exempted and are the existing exceptions satisfactory? There is also no consensus on who should be liable where a machine acts with a considerable degree of autonomy. While AI-induced infringement concerns both inputs to and outputs of AI, a wide range of (otherwise infringing) uses may be permitted under the existing framework. Under US law, for instance, the processing of protected works for e.g. pattern recognition purposes is likely to be regarded as non-expressive and thus ‘fair use’. This broad fair use doctrine can be clearly contrasted with EU and UK law where the scope of the transient copy and text- and data-mining provisions is considerably more restrictive (e.g. the latter only applies where the activity is carried out by a research/cultural heritage institution). There are thus genuine concerns that this could negatively impact on the advancement of AI and preclude local businesses from carrying out activities that would otherwise be exempt in e.g. the US (and may also force them to relocate to more favourable jurisdictions). In terms of allocating liability, we note that machines have no legal personality in the US, EU and UK and cannot therefore be held responsible for infringement. While programmers/developers and end users could face liability where the AI infringes on another’s work, the question of who should be liable where the machine carries out tasks with a significant degree of autonomy (and alters its programming to such an extent that neither party can appreciate the risk) has not been fully explored yet and may inevitably require a case-bycase assessment. Regardless of the approach adopted in the future, it is essential that policymakers take into consideration issues of balance between rights and obligations and, crucially, fairness.]

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AI and intellectual property rights

Robyn Chatwood

2025

[The integration of AI into IP practices is expected to become more mainstream in future, freeing up advisors to provide more valuable legal support. AI technology is already being used to improve process efficiencies, for efficient data analysis and for managing trademark portfolios. AI tools are now increasingly being used for searching, reviewing and analysing IP registers, including trademarks, designs and patents for the purpose of freedom to operate analysis. In addition to IP registration, AI is also being utilised to protect intellectual property. Some companies with high-value patents, for example, are using AI to review newly registered patents, protecting their patents and avoiding duplication.

This trend is expected to accelerate in 2025 and onward as the AI tools improve and are further developed. We expect to see more bespoke offerings for monitoring and enforcement. Nevertheless, such AI tools are still in developmental stages and often still provide an imperfect initial due diligence which requires subsequent review by a human analyst.]