ARTIFICIAL INTELLIGENCE USE OF COPYRIGHT WORKS

PUBLISHED BY MS. HARINDER NARVAN, MS. APARNA JAIN, MS. AASHRIKA AHUJA AND MR. PURNOOR BHAN SINGH BRAR AS ON 18.03.2024

INTRODUCTION
Artificial Intelligence (AI) has revolutionized various industries and copyright works are no exception. From content identification to infringement detection, AI plays a significant role in managing and protecting intellectual property rights. However, like any technology, AI in copyright work comes with its own set of advantages and disadvantages that need to be carefully considered. In this article, we will delve into the ways AI is utilized in copyright work, along with its pros and cons.

IMPLICATIONS FOR COPYRIGHT LAW:
Creating works using artificial intelligence could have very important implications for copyright law. Traditionally, the ownership of copyright in computer-generated works was not in question because the program was merely a tool that supported the creative process, very much like a pen and paper. Creative works qualify for copyright protection if they are original, with most definitions of originality requiring a human author. Most jurisdictions, including Spain and Germany, provide that only works created by a human can be protected by copyright. But with the latest types of artificial intelligence, the computer program is no longer a tool; it actually makes many of the decisions involved in the creative process without human intervention.

ADVANTAGES OF AI IN COPYRIGHT WORK:

1. Efficient Content Identification
AI-powered algorithms can quickly scan vast amounts of digital content to identify copyrighted material. This capability is particularly valuable for platforms like social media, video streaming services, and content sharing websites, where millions of uploads occur daily. AI can accurately detect copyrighted music, videos, images, and text, helping copyright holders protect their works.
2. Automated Copyright Enforcement
AI enables automated copyright enforcement by detecting and flagging potential infringements. This reduces the manual effort required for copyright monitoring and enforcement, allowing copyright holders to focus on strategic initiatives rather than routine tasks. Automated systems can issue takedown notices, manage licensing agreements, and track usage metrics efficiently.
3. Enhanced Piracy Prevention
AI algorithms can analyze online platforms and networks to identify patterns associated with piracy and unauthorized distribution of copyrighted content. By detecting suspicious activities and unauthorized uploads, AI helps in preventing piracy and protecting the economic interests of copyright holders.
4. Content Creation and Optimization
AI tools such as natural language generation (NLG) and image recognition can assist in content creation and optimization. For example, AI can generate unique textual content, create visual assets, and optimize metadata for better search visibility, enhancing the overall effectiveness of copyright-related content strategies.
5. Predictive Analytics for Rights Management
AI-driven predictive analytics can forecast trends, analyze consumer behavior, and optimize rights management strategies. This helps copyright holders make informed decisions about licensing, distribution channels, and content monetization, leading to improved revenue generation and market positioning.

EXAMINING THE DRAWBACKS OF ARTIFICIAL INTELLIGENCE IN COPYRIGHT WORK
Artificial Intelligence (AI) has undoubtedly transformed various aspects of copyright work, offering efficient solutions for content identification, enforcement, and management. However, alongside its benefits, AI usage in copyright work also brings forth a set of notable disadvantages and challenges that warrant careful consideration and mitigation strategies.

1. False Positives and Inaccuracies
One of the primary concerns with AI in copyright work is the potential for false positives and inaccuracies. AI algorithms, while powerful, are not infallible and may mistakenly flag legitimate content as infringing. This can lead to erroneous takedown notices, disputes between copyright holders and content creators, and reputational damage. Addressing false positives requires continuous refinement of AI models, validation mechanisms, and human oversight to ensure accuracy and fairness in copyright enforcement.
2. Lack of Transparency
The lack of transparency in AI algorithms used for copyright work is another significant disadvantage. Many AI systems operate as black boxes, meaning their decision-making processes are not easily understandable or explainable to stakeholders. This lack of transparency raises concerns about bias, discrimination, and accountability in automated copyright enforcement. Stakeholders, including content creators, copyright holders, and users, may question the fairness and legitimacy of AI-driven decisions without clear insights into how algorithms operate.
3. Cost and Implementation Challenges
Implementing AI solutions for copyright work involves substantial costs and technical complexities. Small copyright holders, independent creators, and organizations with limited resources may face barriers to adopting AI-driven copyright management systems. The upfront costs of acquiring AI technologies, training personnel, and integrating systems can be prohibitive for many stakeholders. Additionally, ongoing maintenance, updates, and licensing fees add to the financial burden of AI implementation in copyright work.
4. Privacy and Data Security Risks
AI systems in copyright work rely on vast amounts of data, including user information, content metadata, and usage patterns. Unauthorized access, data breaches, and misuse of personal information pose significant risks to intellectual property assets and the trust of stakeholders. Robust data protection measures, encryption protocols, and ethical data handling practices are essential to mitigate privacy and security risks associated with AI in copyright work.
5. Legal and Ethical Considerations
The use of AI in copyright work raises complex legal and ethical considerations that require careful navigation. Questions may arise about the interpretation of copyright law by AI algorithms, the application of fair use and transformative works principles, and the balance between copyright protection and users’ rights to access and use creative content. Clear regulatory frameworks, ethical guidelines, and industry standards are necessary to address these legal and ethical challenges and ensure responsible AI deployment in the copyright domain.

CASE LAWS:
1. Thaler v. Perlmutter, Civil Action 22-1564 (BAH), (D.D.C. Aug. 18, 2023)
Plaintiff Stephen Thaler owns a computer system he calls the “Creativity Machine,” which he claims generated a piece of visual art of its own accord. He sought to register the work for a copyright, listing the computer system as the author and explaining that the copyright should transfer to him as the owner of the machine. The Copyright Office denied the application on the grounds that the work lacked human authorship, a prerequisite for a valid copyright to issue, in the view of the Register of Copyrights. Plaintiff challenged that denial, culminating in this lawsuit against the United States Copyright Office and Shira Perlmutter, in her official capacity as the Register of Copyrights and the Director of the United States Copyright Office (“defendants”). Both parties have now moved for summary judgment, which motions present the sole issue of whether a work generated entirely by an artificial system absent human involvement should be eligible for copyright. See Pl.’s Mot. Summ. J. (Pl.’s Mot.”), ECF No. 16; Defs.’ Cross-Mot. Summ. J. (“Defs.’ Mot.”), ECF No. 17. For the reasons explained below, defendants are correct that human authorship is an essential part of a valid copyright claim, and therefore plaintiff’s pending motion for summary judgment is denied and defendants’ pending cross-motion for summary judgment is granted.
2. Nirvana, LLC v. Mark Jacobs International, LLC, et al (Case No. LA CV18-10743 JAK (SKx), Date: November 8, 2019
In this case, the photographer responsible for the iconic Nirvana album cover sued Marc Jacobs International for using a similar design on their clothing. The defendant argued that their design was generated by AI and thus not infringing. The case raises questions about the originality and authorship of AI-generated works.
3. Stephen Thaler v. Shira Perlmutter and The United States Copyright Office (1:22-cv-01564) (June 2, 2022).
Dr. Stephen Thaler had challenged the U.S. Copyright Office (USCO) over its denial of his copyright registration application for an image known as “A Recent Entrance to Paradise.” The image, Thaler told the USCO, was created solely by an AI tool called the “Creativity Machine” without any human authorship. The Thaler decision is unlikely to have direct impact on a significant number of applications for copyright registration. There are not many applicants trying to register works “autonomously created by a computer algorithm running on a machine” without any human authorship. But the decision does raise the question of how much human input is necessary to qualify the user of an AI system as the “author” of a generated work. While that question was not before the court, the court’s dicta suggests that some amount of human input into a generative AI tool could render the relevant human an author of the resulting output.

CONCLUSION
While AI offers numerous advantages in copyright work, including efficient content identification, automated enforcement, and predictive analytics, its drawbacks cannot be overlooked. False positives, lack of transparency, cost barriers, privacy risks, and legal complexities highlight the need for a balanced approach to AI implementation in copyright management. Collaborative efforts among stakeholders, including technology providers, policymakers, legal experts, and civil society organizations, are crucial to addressing these challenges, mitigating risks, and harnessing the full potential of AI while upholding the principles of fairness, transparency, and accountability in copyright enforcement and protection. Knowledgentia Consultants which is the best law firm for global IPR protection not only adapts to the changing legal scenario but also makes the transition for clients easy and accessible. We are your one-stop solution for all kinds of legal, compliance and supplemental matters concerning IP matters specially registration of copyright works. In case of any query regarding this matter you may email us at info@knowledgentia.com or visit our website -https://knowledgentia.com/.