Sean Collin Speaks at World IP Forum
Our Fearless Leader/Founder & CEO, Sean Collin, spoke recently at the World IP Forum hosted in Dubai on the impact of Artificial Intelligence on Intellectual Property.
The Impact of Artificial Intelligence on Intellectual Property
Brands are created by creative processes- coming up with a name then a slogan and a logo so to start. Your marketing team has done a great job with this part. So now what? A brand is only as valuable or critical in who legally owns the output at the end to be registered and used as a brand.
The creation of the output is not critical to ownership in the brand itself so long as the party responsible for the creation owns the creative output.
So a brand or domain name could be created by:
An independent contractor;
or A Machine.
So long as the legal rights in the creative work is assigned for the Brand in advance of registration and use, then the Registrant & User would own all rights.
This begs the question… “How Does a Machine Assign Rights”?
How Does a Machine Assign Rights?
The cases break into two answers:
Would instructing the machine as to what areas you want it to create be sufficient? Under U.S. law the Copyright Office has accepted such works as being “works of authorship”, entitled to copyright protection.
What if the machine does all of the creation itself, as an independent actor without additional human instruction?
Under U.S. law the Copyright Office has rejected such works as not having sufficient “human authorship” to qualify for registration. Such works now fall into the public domain and are unprotectable under law.
How does this impact foreign created works copyrighted under the laws of other countries?
Registration for such works is not required in the United States for them to be enforceable so it will be a matter for U.S. Courts. The Practical use of such AI technologies today and in the future in creating what are now copyrighted works if made by humans suggests copyright law reform is necessary.
AI created intellectual property that can be challenged as not legally “qualifying for protection” in the first place throws a significant additional risk factor into licensing and indemnification for the same.
If such AI created intellectual property is “risky” it will potentially be harder to license, of less value, more easily challenged, and require more indemnification as a result. This suggests that the market for human created intellectual property will be of greater value than machine created from a licensing perspective, so long as the law does not provide certainty over AI created IP rights.
World IP Forum
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