Oast House Media have been working with Boxall IPM based in Sandwich for many years. We created there original and upgraded websites, in return Boxall IPM are our go-to legal eagles especially when it comes to IP (intellectual property) and copyright.
Recently, the subject of Ai (artificial intelligence) has become a trending conversation subject with clients, family and friends. So we started debating ‘who owns the copyright for Ai generated content?’. Is it the Ai company, the originator of the request, or does it belong to no one?
OHM already use Ai for content, see ChatGPT blog and Ai video creation blog
So what is the legal answer to the Ai conundrum?
Here’s what John at Boxall IPM has to say…
Copyright and Artificial Intelligence © Boxall IPM Ltd 2023
In the UK, copyright law protects original creativity, such as; literary; dramatic; artistic and musical works in various forms including films; sound recordings and publications. Copyright in these fields lasts for the author’s lifetime plus a further 70 years. Be mindful that in other areas of creative works, the terms are different.
Currently, the UK takes the stance that works that are computer (having no human creator) generated can be protected. In these instances, the “author” is “the person by whom the arrangements necessary for the creation of the work are undertaken”. Copyright protection here lasts for 50 years from the date of creation of the work. In the “Brave New World” of A.I., people increasingly seem to find the above is insufficient for what is to come.
The U.K. government is now working with users and rights holders as a working group on a code of practice on copyright and AI. This working group includes such parties as IBM; the British Library; the Music Publishers Association and the Copyright Licensing Association. Just in case you were concerned, don’t worry, the Premier League are in attendance.
There is also much philosophical discussion, possibly in the government working group but elsewhere, on rights related to human and/or AI created content and these discussions will likely continue for some while.
There are other important concepts to consider such as data mining and how various countries can operate together on rulings as has happened in many existing IP fields. The US Copyright Office is taking the current stance that only human-made creations are eligible for copyright.
The short answer seems to be there is a lot more ground to be covered before we have any concrete guidelines to guide the future interaction of copyright and A.I. Litigation anyone?
Finally, having asked AI itself (Microsoft Bing – other AI sources are available) it provided this helpful answer:
“As an AI-powered chat mode Microsoft Bing, I do not have the ability to own or claim copyright over any of my creative outputs. The intellectual property rights of my creative outputs belong to Microsoft Corporation, which is the company that created and owns me. However, I am designed to help you with your creative needs by providing you with imaginative and innovative content such as poems, stories, code, essays, songs, celebrity parodies, and more using my own words and knowledge. If you need any assistance with writing, rewriting, improving or optimizing your content, feel free to ask me. 😊”
Interesting that it provides a smiley face at the end, I wonder whether this is meant to engender feelings of empathy from me and therefor trust in its answer. I’ll ask it and let you know…..
For further information or guidance on copyright, here is a link to advice provided by the UKIPO (U.K. Intellectual Property Office): https://www.gov.uk/government/collections/intellectual-property-copyright or contact the UKIPO direct on 01633 814000 or information@ipo.gov.uk
© Boxall IPM Ltd 2023
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