IX THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | In our current technological era, generative artificial intelligence (AI) has become a transformative force, reshaping several sectors from education to agriculture. Its impact on copyright law, however remains a complex and largely unexplored territory. WHAT IS GENERATIVE AI? Generative AI tools can create new content, such as text, computer code, images, audio, and video, in response to a user’s prompt, such as a short, written description of the desired output. Current examples of generative AI tools include ChatGPT and Jasper. Generative AI possesses the ability to generate creative content and poses unique challenges to established copyright norms. These tools can produce literary, musical, dramatic, and artistic works, muddling the waters for human creativity, the foundation of copyright, and machine output. GENERATIVE AI AND COPYRIGHT Copyright law protects the rights of human authors, recognising their skill, labour and judgement. However, when an AI tool generates content, there is a question of who is the author of the copyrighted work. Section 6(1) of Copyright Act of Jamaica (the Act) states that copyright is a property right that exist in original literary works, artistic works, dramatic works, musical works, and sound recordings. Further, section 22 of the Act states that the author of a protected work is the first owner of any copyright in that work unless there is an agreement to the contrary. The Act in section 2 defines “Author” as a “person”, and while the Act does not define “person” the ordinary definition from the MerriamWebster Dictionary defines “person” as a human being. Pursuant to the Act, in relation to computer-generated works, the author is the person by whom the measures required for the creation of the work are undertaken. Therefore, AI is not recognised as an author under the Act. IMPACT OF GENERATIVE AI While the present law is clear as it relates to AI-generated content, this matter has to be addressed in a way that protects copyright owners without overly restricting technological advancement. Some argue that AI-generated content should not be subject to copyright protection. They contend that copyright law was intended to incentivise human creativity, not machine output. Moreover, granting copyright protection to AI-generated content could flood and saturate the creative market to a degree humans would not be able to compete with, potentially diminishing the value of creative works. On the other hand, some believe that AI-generated content should be protected, but the rights should belong to the human creators behind the AI. This perspective acknowledges the intellectual effort involved in designing and training AI tools. Irrespective of the position one takes, it’s clear that current copyright laws would need to be amended to address issues that may arise in the copyright landscape because of generative AI. Stakeholders must engage in discussions to navigate these uncharted waters. It is important that there is a balance between encouraging innovation and protecting intellectual property, ensuring a fair and progressive digital future. MR VIVIAN ROSE Copyright and Related Rights Manager Generative artificial intelligence and copyright: Navigating uncharted waters Generative AI tools can create new content, such as text, computer code, images, audio, and video, in response to a user’s prompt, such as a short, written description of the desired output.
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