Milagros Tallarico, Semi Sr. Associate at Alfaro Abogados
Intellectual Property has become increasingly relevant in recent years, especially with the rise of Artificial Intelligence (AI) and its capabilities to create various types of works. In this regard, it is important to analyze how this reality is already impacting certain rights, such as image rights and copyright.
Although AI-generated works are created by a machine, there is human intervention behind it, a physical person who "instructs" the platform on what to do and how. So, who should be granted the copyright over the content? The creator of the tool or the one who uses it?
Recently, the Guangzhou Internet Court ruled on the infringement of intellectual property rights by the creation of AI-generated images. The case involved the intellectual property rights holder of the cartoon character "Ultraman" and an AI tool.
Guangzhou Internet Court decision
In its evaluation of the copyright protection for the image, the Court first highlighted the intellectual investment made by the plaintiff. This investment included the selection of the design, the presentation of the characters, the choice of keywords for their creation, as well as the overall composition of the image.
Furthermore, the Court recognized the originality of the AI-generated images, determining that they reflected a human creative contribution, making them worthy of protection under Chinese copyright law.
Finally, the Court concluded that the plaintiff: "directly adjusted the implicated party's AI model according to their needs and ultimately selected the person associated with the image in question. The image in question was generated directly from the plaintiff's intellectual investment and reflects their personalized expression. Therefore, the plaintiff is the author of the image in question and holds the copyright to it."
The ruling not only marks a significant advancement in copyright protection but also reflects a progressive stance towards the development and regulation of artificial intelligence. This decision suggests a favorable disposition towards technological innovation and business growth in the field of artificial intelligence, which could have far-reaching implications for the technological landscape both nationally and internationally..
How is this legal situation addressed in other countries?
While this ruling could accelerate the debate on the potential of artificial intelligence to infringe on protected material, the fact is that courts around the world are already addressing this complex legal situation.
In the United States, several class-action lawsuits are ongoing. Recently, The New York Times filed a lawsuit against Microsoft and OpenAI for copyright infringement. The New York Times alleges that the two tech companies have "obtained substantial savings by taking and using, at no cost," its content to create their AI models without paying a license. They also claim that millions of their news articles, research, opinion pieces, reviews, and practical guides have been copied.
In Argentina, image rights are primarily regulated by the Civil and Commercial Code of the Nation (Law 26.994) and the Intellectual Property Law (Law 11.723). However, there is currently no specific regulation directly addressing the use of Artificial Intelligence. This implies the need to adapt current laws to new technological realities and ensure that rights holders are recognized and compensated for the use of their works or images. But this task requires ethical and social responsibility, prioritizing respect for human dignity and its creations.
The first step, and perhaps the most difficult, is to educate and raise awareness about the risks and benefits of this technology, as well as to develop a code of good practices and responsibilities. Only then can we fully exploit the possibilities offered by AI without compromising the fundamental values of intellectual property.
SOURCES
1. Sentence
2 "A Court Rules on the Infringement of Intellectual Property Rights by the Creation of Images Generated by Artificial Intelligence". Instituto Autor.
3. "Chinese Jurisprudence on Artificial Intelligence". Diario Jurídico.
4. "Intellectual Property in the Era of Artificial Intelligence: Who Owns the Content?". Diario Ámbito.
Semi Sr. Associate at Alfaro Abogados
www.alfarolaw.com
Comments