The world is dependent on artificial intelligence (AI). In short, AI has become a game-changer in multiple industries, showing us the possibilities of what can be automated in our day-to-day activities. Developments in AI technology have also given rise to concerns about the dark side of AI. This is a point of contention and a concern, especially in the world of digital IP rights.

AI and Education

AI-generated content and its ethical implications are another critical point to keep in mind. Enter AI models, most notably large language models (LLMs), that can turn tons of data into processed output in an instant.

But problems appear in the very definition of the seed data used to build things like these, which is that the seed data for these models themselves might be copyrighted.

This further leads us to wonder whether the use of AI for content creation based on copyrighted works results in infringements and plagiarism.

Students are currently making their assignments and research papers with the help of AI, and it is posing serious concerns for the education system.

Legal Challenges in IP Ownership

Although it is able to produce content that closely matches what a human creates, AI is not human. It signifies the biggest problem: figuring out exactly who owns the AI-backed creation. In the United States, IP laws primarily focus on non-physical creations or assets made by humans, making it difficult to address legal disputes over patents and IP ownership involving AI-generated content.

Lawsuits Against AI Platforms

One notable case involves OpenAI and Microsoft, who have been sued by The New York Times for copyright infringement. The New York Times has accused OpenAI and Microsoft of unauthorizedly obtaining and using the publisher's content archive to help train their AI model, ChatGPT. The New York Times publishes an op-ed saying it wants to end its relationship with the training of large language models on its copyrighted work. OpenAI argues that The New York Times manipulated prompts to induce AI tools to reproduce its content.

Legal Implications of AI Models' Output

Determining the legal implications of AI models' output is a complex task. The training of AI models often involves large datasets that may contain copyrighted material. This raises questions of potential IP infringement, not only in the use and content generated by AI models but also in the collection of training data itself.
Additionally, issues of plagiarism and copyright infringement arise when AI models produce identical or closely similar works based on the same prompts.

Government Responses to AI Regulation

Governments the world over are beginning to recognize the risks AI can bring and are seeking ways of imposing regulation on its use. In Europe, the European Union has released the EU AI Act, a set of regulations imposing risk-based requirements on AI that may take effect soon.

US federal regulators have similarly hinted at considering AI use and laid out a guiding principle for applying current laws and regulations to new and more autonomous technologies to promote their responsible use.

Challenges in the AI Legal Framework

The lack of specific regulations addressing AI poses challenges for legal authorities. There are no federal-level laws currently in place in the US that narrowly regulate AI, but the White House and some congressional hearings are showing signs of movement on the subject. The evolution of AI technology raises difficult questions regarding the legality of training AI models and the generation of AI content.

International Perspectives on AI and IP Rights

The legal implications of AI and IP rights are not limited to a single jurisdiction. A US decision on these issues will likely have a significant impact on the regulation of AI systems internationally. Different countries may approach the interplay between AI and IP rights differently.

In the United Kingdom, for example, the "fair dealing" exception and its impact on revenue streams will be critical considerations in legal disputes related to AI-generated content.

The impact of AI on intellectual property rights in the digital era presents many legal and ethical puzzles. From assertions of copyright infringement by machines to fields of regulation, the interaction between AI and the rights of IP keeps changing.

Addressing these puzzles depends on how governments and businesses strike an appropriate balance between innovation, protection, and equity. Moreover, in a world that is already in a state of constant change due to technology, this task will never come to an end.