As technology continues to advance and artificial intelligence (AI) becomes more prevalent, the use of AI in creating copyrighted and patented works has become a hotly debated topic for good reason. While AI presents many benefits for businesses and people, it also raises concerns about copyright violations and how AI may infringe upon other entities’ intellectual property (IP) protections.
As intellectual property attorneys, we at ETB Law have seen a rise in cases involving AI violating copyright laws. This is because AI can learn and analyze vast amounts of data, making it a tool to create what appears to be original works such as music, art, and even software. But, as many are finding out, many of these “original works” are amalgams of other original works, many of which are as distinct from their inspirations as they need to be.
How Does AI Use Copyrighted Material?
AI sources from all materials it can find on the internet that fall under its user-inserted parameters. While art is not inherently original, there is a fine line between being inspired by, paraphrasing, and plagiarism.
AI, as intelligent as it is, consistently crosses over this fine line. This means there is an ever-present risk of AI using copyrighted material without proper authorization. For example, an AI program could be trained using copyrighted images or music, resulting in the creation of new works that infringe upon existing copyrights.
Who is Responsible for an AI Technology Violating Copyrights?
This raises the question of who is responsible for these copyright violations – the creator of the AI technology or the person/company that uses it? The answer is not always clear-cut and can vary depending on several factors.
In most cases, the responsibility ultimately falls on the person or entity that uses the AI to create and then publish someone else’s copyrighted material. When it comes to who is responsible for taking copyright material and feeding it to an algorithm, that responsibility belongs to the creator.
How Can You Protect Your IP From AI?
So, how can people and businesses keep AI from violating their copyrights? There is not much one can do before the violation happens. You cannot possibly know everything that goes on behind the closed doors of AI developers. What you can do is set a legal standard where if an AI tool is caught having used your copyrighted material, you hit the ground running with a lawsuit against the developers.
Whether you win in court or not, setting a precedent for bringing violaters of your copyrights to court will have other AI developers thinking twice. Even if there is a precedent for AI developers winning in court (which there is not at the time of writing), that doesn’t mean they can afford the lawsuits. And once you set the standard of filing for a lawsuit in response to infringement, others will follow suit.
Contact the Intellectual Property Attorneys at ETB Law For Help Protecting Your IPs
While AI presents many exciting opportunities, it’s important to be aware of the potential risks and take necessary precautions to protect against AI copyright violations. As intellectual property attorneys, we urge people and businesses to stay informed and proactive in safeguarding their copyrights against AI infringements. It’s essential to have a clear understanding of current copyright laws and continuously monitor the use of AI technology to ensure compliance with these laws. Always be on the lookout as well to see if anyone is utilizing your copyrighted material in their AI works.
Let ETB Law help you navigate this ever-changing landscape and ensure your copyrights are safeguarded against AI violations. We are here to assist you in any legal matters related to intellectual property rights and AI use. Contact us today for more information.