Rajvinder Jagdev
Contributor
Jake Tily is a paralegal at IP law firm Powell Gilbert with broad experience in supporting all aspects of intellectual property litigation and able to advise on managing large-scale electronic disclosure exercises.
Artificial intelligence is driving the information revolution and its presence is increasingly commonplace — for example, in smart speakers, self-driving cars, social media monitoring and healthcare technology, to name but a few.
The U.K. government recently released its response to its consultation on “Artificial Intelligence and Intellectual Property: copyright and patents.” In summary, the position (for now) is that the U.K. law will remain unchanged with respect to copyright protection in computer-generated works, as will the law as it relates to AI authorship for copyright works and AI inventorship for patents.
Numerous complex questions remain for regulators, lawyers, programmers, creatives and inventors, particularly in light of the rapid, continual rise of AI. This column addresses a small but significant aspect of this — how AI should be considered in the context of copyright protection and authorship under U.K. law as it presently stands.
We briefly set out the differences between AI inventorship in the context of patents, and AI authorship in copyright law. We then consider how the U.K. Court might approach the issue of AI authorship and joint authorship and conclude with some useful considerations for AI programmers and authors to have in mind.
AI inventorship versus AI authorship
Pursuant to s.13 of the Patents Act 1977 (“PA”), U.K. patent applications must have human applicants. Furthermore, only the deviser of the invention can be named as an inventor (s.7 PA). These two requirements were examined by the U.K. Intellectual Property Office, the U.K. High Court and the U.K. Court of the Appeal in the prominent series of Stephen Thaler trials, where, most recently, the Court of Appeal upheld the rejection of a patent application identifying an AI (DABUS) as the inventor, ruling that a human inventor is required.
The EPO Board of Appeal also recently published their written decision (J 8/20) on this question, following the U.K. Court’s decision, as did the Full Court of the Federal Court of Australia, who reversed the decision of the lower court and held that DABUS cannot be recognized as an inventor under Australian patent law. Appeals to the U.K. Supreme Court and the United States are ongoing, and an appeal is anticipated in Australia.
The Copyright, Designs and Patents Act 1988 (“CDPA”) provides a statutory framework for determining authorship of copyright works. For literary, dramatic, musical and artistic works (so called “LDMA” works), the author is the writer, composer and artist, respectively (s.9 CDPA). For sound recordings it is the producer (s.9(2)(aa) CDPA) and for films, it is the producer and principal director (s.9(2)(b) CDPA)). Films will be a work of joint authorship unless the producer and principal director are the same person.
Copyright considerations for artificial intelligence – TechCrunch & Latest News Update
Copyright considerations for artificial intelligence – TechCrunch & More Live News
All this news that I have made and shared for you people, you will like it very much and in it we keep bringing topics for you people like every time so that you keep getting news information like trending topics and you It is our goal to be able to get
all kinds of news without going through us so that we can reach you the latest and best news for free so that you can move ahead further by getting the information of that news together with you. Later on, we will continue
to give information about more today world news update types of latest news through posts on our website so that you always keep moving forward in that news and whatever kind of information will be there, it will definitely be conveyed to you people.
Copyright considerations for artificial intelligence – TechCrunch & More News Today
All this news that I have brought up to you or will be the most different and best news that you people are not going to get anywhere, along with the information Trending News, Breaking News, Health News, Science News, Sports News, Entertainment News, Technology News, Business News, World News of this made available to all of you so that you are always connected with the news, stay ahead in the matter and keep getting today news all types of news for free till today so that you can get the news by getting it. Always take two steps forward
Credit Goes To News Website – This Original Content Owner News Website . This Is Not My Content So If You Want To Read Original Content You Can Follow Below Links