Special Report

Can AI-Generated Content be Intellectual Property Theft?

January 14, 2023 by Anastasiia Ponomarova in Special Report  
Thumbnail for: Can AI-Generated Content be Intellectual Property Theft?

Can Using AI for Writing Content be Considered Intellectual Property Theft?

This is a valid concern because of the current training methods for generative AI. Like machine learning programs, they can find and use existing data patterns. However, the data these applications utilize comes from people’s works gathered from the internet and is usually subject to copyright protection.

It is possible to infringe on intellectual property rights when utilizing pictures, words, or codes protected by copyright as input material for training neural networks. For instance, it may be illegal to download and temporarily utilize copyrighted information to train a neural network. For example, some courts find copyright infringement in the United States even when the downloaded copy is only kept briefly. In contrast, other courts need much longer periods before finding infringement.

Machine learning may also lead to copyright infringement if the resulting output model (such as an AI-generated virtual design) is similar to the copyright-protected works utilized as training data. This may happen when training a neural network if one uses over-fitted or overly-homogeneous input data sets.

AI-Generated Articles

Researchers, corporations, and users are all intrigued by the advent of AI-powered automated article-writing technologies. By using AI to write articles, businesses may save money and time while expanding their online presence and gaining exposure to a wider audience. However, these technological developments raise ethical concerns that must be carefully examined before we can accept them into our society.

The risks of using AI to generate articles have been the subject of many reports. Due to its reliance on flawed algorithms and erroneous data sets, AI presents a significant danger of biased content development. This raises concerns that businesses may use consumers’ feedback without their knowledge or agreement and publish content without adequate means of editing or fact-checking. Furthermore, it raises further concerns about monitoring and controlling machine-generated news narratives, which may lead to more public perception manipulation through social media platforms or isolated reporting networks.

In addition, plagiarism and copyright infringement are possible since information paraphrased from other sources may not be properly ascribed and credited, resulting in content providers being victims of theft.

Ai and Copyright: How Copyright Applies to Content Generated by AI

  1. Patents safeguard innovations. Copyrights protect original works of writing that are fixed on physical media. Trademarks protect names, logos, phrases, and other branding aspects.
  2. The case Naruto vs. Slater established that only people, not monkeys or robots, may possess copyrights. This implies that any work developed solely by AI falls within the public domain and may be used by anybody without authorization.
  3. If you develop a work based on a work in the public domain, you may only claim copyright for your unique contributions. You cannot claim copyright on a work in the public domain.
  4. Utilizing an AI model to develop a work and then copying and pasting it into your blog would be declared public domain.
  5. You probably wouldn’t get copyright protection for the AI-generated content unless you add an original piece of authorship or your original ideas, which would then be copyright protected.
  6. Because you contribute your unique ideas to a blog post based on an outline, you would likely retain copyright over the final product.
  7. The law has not yet kept up with the technology, so there is no final solution for protecting AI-generated material.
  8. However, one possible way to protect AI-generated material is to assert that it derives copyright-protected work. Another way to protect the information as a trademark is to add a watermark.
  9. There is little legal danger for businesses that openly disclose their usage of AI in content creation. However, if someone were to argue that the corporation’s material should be in the public domain, the company would need to be able to justify its stance.
  10. Companies should record their content development process to demonstrate that people are engaged and debunk any claims that artificial intelligence developed all material.
  11. If you did not expressly copyright a picture generated by a computer that resembles you, there is no copyright infringement.
  12. Humans should be heavily engaged in making the content to minimize copyright difficulties while developing material using AI.

Need an Attorney? CALL NOW: 310-274-6529

Seppi Esfandi is an Expert Attorney who has over 21 years of practice defending a variety of cases.

Contact Us:         
Esfandi Law Group QR Code
Esfandi Law Group
Lara S.
December 3, 2019
Seppi had my case reduced to just an infraction, and thanks to him I was able to keep my job. Jorge was extremely helpful too, the reason I went with this law firm. Overall pleased.

How to Win Your Case

We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don't answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

Get a Free Consultation

    Free Consultation Form