Implications of Generative AI for the Protection & Enforcement of IP Rights

On April 25, 2024, Queen Mary University of London hosted a significant panel discussion organized by the AI Ethics and Society Group that tackled the complex interplay between generative AI technologies and intellectual property (IP) rights. The event brought together leading experts to delve into the challenges and opportunities this intersection presents to the legal landscape. Here’s a detailed recap of the key points discussed during the panel:

Insights into AI’s Technical and Legal Challenges

Professor Noam Shemtov provided an in-depth look at the mechanics behind generative AI, specifically focusing on Large Language Models (LLMs) and transformer technologies. He discussed the intricacies of how copyright infringement can occur during the AI training processes, emphasizing the legal implications of transient copies, which require authorization under EU and UK law. Prof. Shemtov also examined different international frameworks for fair use, raising concerns about whether existing regulations offer adequate guidance for impact assessments, particularly in relation to fundamental human rights.

Intellectual Property's Role in Shaping AI Development

Chris Reed explored several critical issues:

• The role of IP in guiding solutions during AI training and its subsequent integration into applications.
• The potential of AI to replace human jobs and the broader socioeconomic implications of such a shift.
• He discussed the 'Harry Potter point', illustrating the challenges of creating unique outputs from AI under stringent conditions, akin to issues faced with pirated content and its ramifications for creators’ rights.

Philosophical and Ethical Considerations in AI-Generated Art

Professor Johanna Gibson tackled the philosophical queries surrounding art ownership and creation in the AI era. She questioned if art truly belongs to anyone, especially when generated from public-domain data and considered the implications for the welfare of living artists. Prof. Gibson reflected on historical precedents like the Industrial Revolution, questioning whether the sector owes it to artists to curb innovation to preserve traditional roles and jobs in the face of technological advancement.

Broader Implications and Industry Reflections

The discussion also highlighted how AI could democratize creative industries by removing traditional gatekeepers, enabling untrained individuals to produce competitive work. This shift might lead to a market where only high-budget projects are reserved for professional creators, potentially diminishing opportunities for emerging artists at lower budgets.

The panel at Queen Mary University of London addressed the current issues at the crossroads of AI and intellectual property and projected the broader implications for future policy-making, legal frameworks, and ethical considerations. This discussion marked a pivotal moment for stakeholders in technology, law, and creative industries navigating the complexities of a digitally evolving world.

Author: Elona Shatri