Developing Trends in International Intellectual Property Laws; with regard to Copyright Infringement in Generative AI, and training of Artificial Intelligence

Abstract

The World Intellectual Property Organization (WIPO) recognizes ‘Intellectual Property (IP)’ to be the creations of the mind. For example; literary, and artistic works such as design and symbols, names and images and such other. Of that, Copyright is a more specific right given to such creators. Recently the emergence of various forms of Artificial Intelligence (AI), have resulted in its widespread availability in the public domain.Throught that certain issues have arisen in which copyright laws overlap with certain instances of usage of AI. One such instance is the allegations which state that certain literary and artistic works were used to ‘train’ the AI, without the creators’ informed consent.Furthermore it is said that certain AI tools allows a user to generate new content via AI by giving it a command to ‘mimic’ a certain author’s or artist’s existing creative work. This presents an issue as it is possible that the author/ artist whose work is being simulated has not given his consent to such work. Therefore it arises a need for amendments to existing Copyright laws to prevent a creators work from being copied by AI with certain allowances for the Fair use Doctrine. This article aims to discuss the emerging trends in Copyright law and AI with some reference to certain ongoing case laws; and how the developing legal precedence in the International IP law can effect our domestic laws.