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The Impact Of Artificial General Intelligence On Intellectual Property Rights

Updated: May 14, 2023

The impact of AI on intellectual property rights

Generative AIs are here to stay and we better pay attention!

In this blog post, we explore the impact AGI (Artificial General Intelligence) and other generative AIs are having on creativity, innovation and intellectual property rights.

Artificial General Intelligence

Generative AIs technologies such as ChapGPT are computer models capable of mimicking human intellect and thus able to find solutions to unique and general tasks.

What does this mean?

Well, this means software that knows as much and if not more than human experts and that can develop and generate almost instantly, answers and solutions to complex problems and tasks.

Once we give such software access to the internet, we have a machine that can leverage its above-human processing and reasoning capabilities to solve tasks with real-time data.

Now if we throw in the mix other generative images and sound software models such as DALL.E, Stable Diffusion or AIVA and Amper Music, we find ourselves in a world where machine-generated intelligence and intellect are set to compete if not outperform humans.

Such reality is having a major impact on the value of intellectual output or intellectual properties and thus assets created by these. This leads us to the question of their impact on intellectual property rights and at its core, the future value of these rights.

Impact On IP Rights

The impact of new generative AIs on intellectual property rights is becoming increasingly relevant as these technologies advance. ChatGPT and other generative models have been trained on a massive corpus of data and can generate human-like outputs from text inputs with a creativity level and style that can match and often exceed any human. These technologies have numerous applications, including content creation; from art to music and video; customer support, data analysis and much more.

Generative AIs have enhanced business capabilities to create content in quantity, variety and at speed. This ease of creation has led to a surge in the volume of online content as businesses are using it to promote their brands and products. Despite this upside, they have also created new challenges for intellectual property rights.

One of the primary challenges created by the increased use of generative AIs is the question of ownership of intellectual property. As ChatGPT can generate text autonomously, it can be challenging to determine who owns the resulting content. For example, if a business uses ChatGPT to generate marketing materials, it is unclear whether the business or the creator of the AGI owns the resulting content.

Another challenge created by the increased use of generative AIs is the potential for intellectual property infringement. The more advanced models become, the more likely they will generate content that is similar to existing copyrighted materials and thus leading to potential infringement issues. Eventually, as these models become widely used, it will become more difficult to detect instances of intellectual property infringement.

Artificial intelligence and AI related court cases

Some recent major court cases have brought these concerns to global headlines:

  • Microsoft, GitHub and OpenAI are currently being sued in a class action motion that accuses them of violating copyright law by allowing Copilot, a code-generating AI system trained on billions of lines of public code, to regurgitate licensed code snippets without providing credit.

  • Midjourney and Stability AI, are in the crosshairs of a legal case that alleges they infringed on the rights of millions of artists by training their tools on web-scraped images.

  • Getty Images took Stability AI to court for reportedly using millions of images from its site without permission to train Stable Diffusion, an art-generating AI.

What can creatives and businesses do to protect themselves?

Creativity and innovation are the bread and butter of many businesses and individual creatives. With a surplus of machine-generated creativity and innovation flooding the markets and therefore diluting human creativity, intellectual property protection has become more relevant than ever.

“ Creatives and businesses alike must effectively protect and manage their intellectual property (IP) to remain competitive and have an edge. “

Registering copyrights, designs and other IP rights has become a must for businesses that rely on those assets to generate revenue.

Don’t let your IP become a training dataset for your AI competitor.


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