Who owns the intellectual property rights of AI generated works?Who owns the intellectual property rights of AI generated works?

The ownership of intellectual property rights (IPR) in AI-generated works is a complex issue that is still being debated by legal experts. In general, IPR law in most countries recognizes that the creator of an original work is the owner of the copyright in that work. However, there is some debate about whether an AI system can be considered the creator of an original work.

In the United States, the Copyright Office has stated that it will register copyrights in works created by AI systems, but only if a human being contributed to the creation of the work in a meaningful way. This means that if an AI system is simply used to generate a work based on instructions provided by a human, the human will be considered the creator of the work and will own the copyright. However, if the AI system is able to make its own creative decisions about the work, then it may be considered the creator of the work and will own the copyright.

The ownership of IPR in AI-generated works is likely to be a complex issue for many years to come. As AI technology continues to develop, it is possible that AI systems will become capable of creating original works that are indistinguishable from works created by humans. In this case, it may become necessary to develop new laws and regulations to protect the IPR of AI-generated works.

Here are some factors that may be considered in determining the ownership of IPR in AI-generated works:

  • The extent to which the AI system was able to make its own creative decisions about the work.
  • The extent to which a human being contributed to the creation of the work.
  • The purpose for which the AI system was created.
  • The expectations of the parties involved in the creation of the work.
See also  Comparison of the Model Production Sharing Agreement (PSA) 2003 with the Model Production Sharing Agreement (PSA) 2023.

Ultimately, the ownership of IPR in AI-generated works will be determined on a case-by-case basis, based on the specific facts and circumstances of each case.

If you are AI creator or user and need advice on intellectual property issues, please send us an email at aemen@joshandmak.com

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