November 19, 2019
By Catherine Lovrics and Naomi Zener
The U.S. Patent and Trademark Office is seeking comments on what the impact would be on providing copyright protection to works created using artificial intelligence, or AI-created works. Some questions being considered include:
In Canada, the Industry, Technology and Science Standing Committee (“INDU”) and the Canadian government led a review of the Copyright Act, and on June 3, 2019, INDU released its report on the statutory review of the Act, setting out 36 policy recommendations, including providing clarity around ownership of computer-generated works (e.g. works created with the assistance of artificial intelligence (AI)). There are many interesting ethical and legal considerations to be weighed in the decision of whether or not to extend copyright protection to AI-created works. Much more remains to be studied, including issues surrounding:
It will be interesting to see how the Canadian government approaches the issues. Stay tuned for updates from Bereskin & Parr or contact the authors to discuss the potential impact on your business.
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