Legal Implications of Artificial Intelligence Relating to Content Creation and Content Ownership

Pooja Unnikrishnan
Alliance School of Law, Alliance University, Bengaluru, India

Volume III – Issue II, 2021

AI has emerged to have a multitude of solutions, be it in automobile industry, healthcare, businesses etc; and potentially a second generation of technological advancements are bound to happen. Intellectual property issues are likely to arise at a greater scale and these issues need to be addressed to avoid infringement that may be unjust to the AI content creator. Since AI machines these days are capable of creating their own content, intellectual property can be assigned to these AI but with much speculation. This means that AI could possibly bring infringement proceedings and vice versa. It is, however, a confusing position when it actually comes to interpreting AI as a separate legal entity. If it is not for the machine that should be held responsible, can the owner of a specific AI technology be held responsible? As of today, AI has not reached a ‘superintelligence’ level to have acquired human skills, at least the sentient and more moral aspects of human intelligence, and therefore, it is challenging to understand what skills the AI has that can be attributed to a human in order to sue the former, to say the least, attach a legal personality to such AI. The definitions of skilled person, art, authorship, inventorship etc may take up other legal definitions in the near future with the surge of AI. It is foreseeable that the concept of ownership and creation has already diverted from its conventional meaning. There is also a need for a broader application of intellectual property laws to AI as it is important to protect an individual’s data considering rapid data transfer, sharing and mining techniques used today.

Keywords: Artificial intelligence, intellectual property laws, data, content creation, content ownership, technological advancements


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