Copyright Committee Issues Report on Copyrights and Neighboring Rights in AI-Generated and AI-Assisted Works

The AI Subcommittee of the Copyright Committee recently concluded a comprehensive study on the copyrightability of AI-generated outputs and AI-assisted outputs. The report, Copyrights and Neighboring Rights in Outputs Made by or Made by Means of AI Systems, provides a detailed examination of copyright issues across several jurisdictions worldwide. It explores common themes while highlighting distinctive features of certain jurisdictions. This resource will assist brand professionals in assessing their copyright strategies regarding AI outputs.

Report Findings and Observations

The report surveyed 48 jurisdictions, providing a cross-sectional representation of various approaches towards the copyrightability of AI outputs.

For AI-generated outputs, the survey results revealed that while many jurisdictions do not currently grant copyright in AI-generated outputs, neighboring rights could potentially protect such outputs. Countries such as Ukraine now recognize sui generis rights in AI-generated outputs, acknowledging exclusive rights seemingly without the requirement of human intervention.

For AI-assisted outputs, the survey results revealed that copyright protection is more likely, due to the human contribution element. Common across jurisdictions is that these outputs must meet local standards of “originality”; however, the originality requirement varies across jurisdictions. For example, in the European Union, originality requires a work to reflect the personality of its author, and in the United States, the U.S. Copyright Office requires the specific disclosure of AI-generated content, so that the extent of human authorship can be assessed, confirming that in the United States, copyright can only protect products of human creativity.

The report reveals that, aside from Ireland, South Africa, Ukraine, and the United Kingdom, all surveyed jurisdictions currently either necessitate a human creator for copyright eligibility or have not yet addressed the issue of copyright protection for AI-generated outputs.

Key Takeaways

The findings suggest that while AI continues to revolutionize content creation, for the most part, existing global copyright laws tacitly exclude AI-generated outputs from copyright protection. Yet, the findings indicate that the involvement of AI in creating content does not necessarily preclude the possibility of copyright protection, particularly in the case of AI-assisted outputs. The overarching conclusion points towards the necessity of further legal and regulatory development to address this challenging subject matter.

Conclusion

The report provides a useful reference for legal practitioners, in-house counsel, and intellectual property professionals on the complex and evolving topic of AI and copyright protection.

In alignment with the dynamic progression of AI, the Copyright Committee is committed to continuously updating the report by incorporating new perspectives from various jurisdictions. The ultimate objective is to compile a globally comprehensive reference guide on the intersection of AI and copyright protection that reflects current legal developments.

Read the full report.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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