WHO OWNS THE INTELLECTUAL PROPERTY RIGHTS TO CONTENT CREATED BY A NEURAL NETWORK?

Neural networks are already writing texts, composing music, and painting pictures. But can artificial intelligence be considered an author in the legal sense? 🤔

We were approached by a client who uses AI-generated content for commercial purposes. The question was whether there is a risk of copyright claims.

The law does not yet provide a clear answer. Here are a few key points of view that are the subject of debate:

- AI as the author: Some experts believe that AI should hold the copyright to the works it creates.

- AI developers: Others believe that the rights belong to the companies that developed the AI.

- AI user: There is a view that copyright should belong to the user who set the parameters and “directed” the AI’s work.

The Law “On Copyright and Related Rights” establishes that the subjects of copyright are the authors of works defined by this law, as well as other individuals and legal entities that have acquired rights to the works in accordance with a legal transaction or the law. This raises the question of whether AI can be considered an author within the meaning of the law.

For its part, Google, which created the Gemini neural network, acknowledges the complexity of the issue of AI copyright and has not yet taken a clear position.

What does all this mean for businesses? Since there are no clear rules yet, using content created by AI carries risks.

We recommend exercising caution when using AI-generated content for commercial purposes. Be sure to document all parameters and prompts you use when working with the neural network.
If you have any doubts about using AI-generated works in your business, please contact us for legal assistance!

* This post was created using AI