Can AI-Generated Output Be Protected Under Intellectual Property Law?

By Audrey Zhang Yang

Introduction

AI-generated output represents a groundbreaking integration of technology and creativity that increasingly challenges established norms in the legal world. Inevitably, it raises the question on whether law and policy on intellectual property protection should evolve and adapt to recognize this changing innovation trend. The Progress Clause of the Constitution gives Congress the power to “promote the Progress of Science…by securing for limited Times to Authors…the exclusive Right to their…Writing.”[i] Pursuant to this authorization, the Copyright Act extends copyright protection for “original works of authorship fixed in any tangible medium of expression.”[ii] The Copyright Act neither defined “authorship” not “works of authorship.”[iii] Traditionally, courts assigns authorship to individuals who create original works. However, determining authorship is more challenging in the case of artificial intelligence (AI). Some believe that since AI systems are tools programmed by humans, the programmers are entitled to authorship rights.[iv] Also, when someone instructs AI to solve a problem, that person might qualify as an investor if she formulates a problem in a manner that requires inventive skill.[v] However, laws on intellectual property, patent, and copyright were not originally passed with AI in mind. Therefore, there is no law specifically addressing AI-generated invention in any jurisdiction.

Can I Be Protected Against Myself? Artificial Intelligence and Voice Replication

By JOLT

On May 17, 2024

In Blog Posts

Can I Be Protected Against Myself? Artificial Intelligence and Voice Replication

By Jarrid Outlaw

With recent advancements in artificial intelligence (“AI”), voice replication has become a simple process that anyone can access and utilize. Having one’s voice replicated to say anything an AI user wants is scary and can have extremely sinister effects, something that citizens should be protected from. While everyday citizens are less likely to fall victim to abuse, the fact that such technology, fraught with the potential for violations exists, makes it so legal implications are bound to appear.

Beyond Name, Image, Likeness: Voice Protection

By JOLT

On April 12, 2024

In Blog Posts

Beyond Name, Image, Likeness: Voice Protection

By Jack Sherwood

Artificial Intelligence has been used in the music industry for decades. As early as 2004, AI audio modulation was introduced by Yamaha to synthesize melodic vocals.^[1] Even in the 2010s, AI was used to enhance the audio of voice actors who no longer had the same vocal delivery, such as the likes of James Earl Jones.^[2] 20 years later, AI has evolved from simply integrating and enhancing vocal audio to composing and producing an entire Drake song from a 250-word instruction text, one that Drake himself never touched.^[3] While Drake’s label, UMG, immediately issued a copyright takedown of the AI track “Heart on My Sleeve”, the damage had already been done, with streams exceeding 7 million on Twitter alone. ^[4] In a world where an artist can be entirely mimicked by AI in a matter of minutes, how do we provide protection?

AI Benefits When Fashion Lacks Copyright Protections

By JOLT

On March 28, 2024

In Blog Posts

AI Benefits When Fashion Lacks Copyright Protections

By Kaitlyn Dobbins

Generally, copyright protections do not protect much in the fashion industry.^[1] Fashion designers can find copyright protections only for those elements of their work that are a separable pictorial, image, or graphic.^[2] Essentially, if the work of art can be conceptually separable (independently recognized) from the piece of clothing, it can be protected.^[3] Consequently, design elements like common patterns, common colors, or cuts of fabric will not be protected by copyright law.^[4]

The Sony Defense, Grokster Limitation, and a (Nintendo) Switch-Up?

By JOLT

On March 19, 2024

In Blog Posts

The Sony Defense, Grokster Limitation, and a (Nintendo) Switch-Up?

By Eleni Paraskevopoulos

If you’re a fan of video games, you may be familiar with the concept of emulators. An emulator is a computer program or device that enables a computer system to function like another device.[1] Imagine you suddenly have the urge to relive the experience of playing “Mario Kart: Double Dash!!” on the GameCube, but you don’t have access to a working GameCube. With an emulator, that wouldn’t be a problem. Emulators are not exclusive to video game consoles.[2] Software developers often use emulators to test how an app would function on various devices with varying operating systems.[3] In addition to its ability to allow users to play classic video games on modern devices[4], emulation also has a purpose and use in developing technology and refining it to work across various software systems.[5] Because of its multi-purpose use, the technology exists in a sort of legal grey area.[6] Although, that may all change.

Will Copyright Law Keep Up with the Evolution of Streaming Services?

By JOLT

On December 6, 2023

In Blog Posts

Will Copyright Law Keep Up with the Evolution of Streaming Services?

By Kaitlyn Dobbins

Listening to music is a universal experience, and with the arrival of streaming services like Spotify it has become ever more prevalent. The ability of artists to profit off of their music rests in the protections and rights afforded through copyright law. These rights are available to those who wrote the lyrics and those who sing, and these rights apply whether the song is used on the radio, in a podcast, in the movies, or on a streaming service.

Tattoos, 2K, and the Future of Copyright Law

By JOLT

On October 25, 2023

In Blog Posts

By Eleni Paraskevopoulos

For those unfamiliar with the video game franchise, NBA 2K, named 2023’s most popular video game in the U.S., is a series of basketball simulation video games designed to emulate the NBA where basketball enthusiasts can fulfill their NBA dreams by playing as NBA players of both the past and present.[1] A major feature of 2K is the increasingly accurate likeness of NBA players in the playable avatars.[2] In order for there to be optimal likeness, all aspects of players should be accurately represented: from an individual’s height to their eye color to even their tattoos. Tattoos are becoming more important especially when given that as of 2020, an estimated 56% of NBA players have tattoos.[3] So what happens when the tattoo art being reproduced in a 2K, is done so without the permission of the artist and copyright holder?

George R.R. Martin Won’t Bend the Knee – Chat GPT, Generative AI, and the Fine Line Between Fair Use and Copyright Infringement

By JOLT

On October 20, 2023

In Blog Posts

By Perla Khattar[1]

On September 19, 2023, George R.R. Martin and other professional fiction writers filed a class action lawsuit against OpenAI in the United States District Court for the Southern District of New York. The Plaintiffs alleged that at the heart of Large Language Models (LLMs) exists “systematic theft on a mass scale.”[2] In their complaint, the plaintiffs explained that OpenAI, the maker of the LLM ChatGPT, copied their copyrighted works of fiction without permission and fed the data into LLMs that are carefully programmed to “output human-seeming text responses to users’ prompts and queries.”[3] The authors allege that OpenAI downloaded the manuscripts from pirated eBooks repositories.[4]

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Tag: copyright