How Different Jurisdictions Treat Intellectual Property Created by Artificial Intelligence

In this article, content writer Rachel Sherman delves into the treatment of intellectual property created by artificial intelligence in various jurisdictions around the world. From China's recognition of AI-generated images as copyrightable works to the United States' limited protection for human-authored elements in a graphic novel, we examine the legal landscape. Kazakhstan's approach to composite works is also discussed. Join us as we explore the role of natural persons in the creative process and the implications for AI-created intellectual property. Stay tuned for future articles on AI and personal data usage.

Recognition of AI-Generated Images in China

How Different Jurisdictions Treat Intellectual Property Created by Artificial Intelligence - 1243591752

In the People’s Republic of China, the Beijing Internet Court made a significant ruling regarding AI-generated images and their status as original works protected by copyright law. The court acknowledged that these images possess 'originality' and reflect human creative intellectual input.

The court's decision was based on the understanding that a natural person sets the parameters and selects the image, and the final output is a direct result of their intellectual contribution. This ruling highlights the role of human involvement in the creative process of AI-generated content.

Limited Copyright Protection for AI-Generated Content in the United States

In the United States, the US Copyright Office granted limited copyright protection to the graphic novel 'Zaria of the Dawn.' However, the protection only extended to the textual content and its arrangement, which involved sufficient human authorship.

The individual images created solely by the generative AI, Midjourney, were not eligible for copyright protection. The author, Kris Kashtanova, used Midjourney AI to create images in her book. Although the initial copyright registration covered the entire book, a subsequent review determined that only the original elements contributed by a natural person qualified for protection.

This case highlights the distinction made between human-authored elements and AI-generated content in the US copyright system.

Composite Works and Intellectual Property in Kazakhstan

In Kazakhstan, a certificate was issued for a graphic novel created using AI as a composite work. Under Kazakhstan law, a composite work encompasses a collection of works and materials resulting from creative activity.

Similar to the US approach, protection is granted for the arrangement of materials as a result of human creative activity, but not for the originality of images generated by AI. This distinction emphasizes the importance of human contribution in the creation of composite works involving AI.

The Role of Natural Persons in AI-Created Intellectual Property

These various legal approaches to AI-created intellectual property highlight the significance of the role played by natural persons in the creative process. While AI-generated content may not be protected as objects of copyright, there are cases where non-original objects generated by computer programs are safeguarded by sui generis rights.

As technology continues to advance, it becomes increasingly important to navigate the legal and ethical considerations surrounding AI-created intellectual property. Stay tuned for future articles where we delve into the use of personal data by AI systems.