Description
Legal uncertainty about the ownership and intellectual property rights of AI-generated content.
Why is generated content ownership and ip a concern for foundation models?
Laws and regulations that relate to the ownership of AI-generated content are largely unsettled and can vary from country to country. Not being able to identify the owner of an AI-generated content might negatively impact AI-supported creative tasks.
Determining Ownership of AI Generated Image
According to the news article, AI-generated art became controversial after an AI-generated work of art won the Colorado State Fair’s art competition in 2022. The piece was generated by Midjourney, a generative AI image tool, following prompts from the artist. The win raised questions about copyright issues. In other words, if all the artist did was come up with a description of the art, but the AI tool generated it, who owns the rights to the generated image? According to the latest article, The U.S. Copyright Office rejected copyright protection for the art created with artificial intelligence because it was not the product of human authorship.
Role of AI systems in Patenting Generated Content
The U.S. Supreme Court declined to hear a challenge to the U.S. Patent and Trademark Office's refusal to issue patents for inventions created by an AI system. According to the scientist, his AI system created unique prototypes for a beverage holder and emergency light beacon entirely on its own. The justices rejected the appeal of a lower court's ruling that patents can be issued only to human inventors and that the scientist's AI system could not be considered the legal creator of two inventions it generated. According to the cited article, the UK’s Intellectual Property Office also refused to grant a patent on the grounds that the inventor must be a human or a company, rather than a machine.
Parent topic: AI risk atlas
We provide examples covered by the press to help explain many of the foundation models' risks. Many of these events covered by the press are either still evolving or have been resolved, and referencing them can help the reader understand the potential risks and work towards mitigations. Highlighting these examples are for illustrative purposes only.