LibGuides: Intellectual Property: 'ArtificiaI Intelligence' and Intellectual Property

It's a weird time to be a creator...

...what with the companies that are currently creating and training AI models apparently ignoring copyright law and just letting their models randomly mine information from what's out there on the internet (when you know that will be including copyright-protected works)...

This is what happens when an entirely new technology gets tangled up with intellectual property protections as it is in the middle of being developed...and the civil lawsuits whose verdicts tend to drive copyright law developments are just now starting to happen.

In the meantime, looks like a lot of AI companies are making hay while the sun shines, before policy gets firmly established. Welcome to the 'Wild West' of new technology!

AI vs. Intellectual Property

Lawsuits vs AI: The Trial of AI by Chat GPT is Eating the World Blog (Pendant)
A running list of the lawsuits filed against AI companies, including OpenAI and ChatGPT.
Frequently Asked Questions: AI and IP Policy by WIPO
FAQ for informative purposes; not a legal point of reference.
How Hollywood writers triumphed over AI – and why it matters by Dani Anguiano and Lois Beckett; AP News
Publication Date: 2023
Analysis of the 2023 US Writer's Strike from The Guardian. "Observers hail a ‘smart’ deal that allows for artificial intelligence as a tool, not a replacement – and could be a model for other industries"
SAG-AFTRA strike ends as AI deal reached, Hollywood still torn by Savannah Fortis
Publication Date: 2023
Short analysis of the immediate aftermath of the 2023 SAG-AFTRA strike. "The 118-day Hollywood actors’ union strike ended with an agreement on AI usage, though not everyone in the industry sees it as the right move."
Generative AI Has an Intellectual Property Problem by Gil Appel, Juliana Neelbauer, and David A. Schweidel
Publication Date: 2023
Article from the Harvard Business Review. (Access to FSU community only)
Practical Tips for Authors to Protect Their Works from AI Use by The Author's Guild
Publication Date: 2023
"The Authors Guild has been working on advancing legislative and regulatory changes that would require AI companies to seek permission before using books and other written works in the training and development of generative AI systems. But until legal safeguards are instituted, authors can take some steps to try to protect themselves from unauthorized training uses..."
How to Protect Your Art From AI by FoundMyself Blog
Publication Date: 2023
"While it’s impossible to completely block bots from copying content you post online while still allowing humans, you can do a lot to slow them down and keep the human experience positive.."
These new tools could help protect our pictures from AI by Melissa Heikkilä, MIT Technology Review
Publication Date: 2023
Ways to protect your online photos from being manipulated by AI deepfake apps.

Deep Dive Resources about AI & IP

Tactical Entanglements by Martin Zeilinger
ISBN: 9783957961846
Publication Date: 2021
"Offering a wide-ranging discussion of contemporary digital art practices, philosophical and technical considerations of AI, posthumanist thought, and emerging issues of intellectual property and the commons, this book is firmly positioned against the anthropomorphic spectacle of “creative AI.”"
Artificial Intelligence and International Economic Law by Shin-yi Peng (Editor); Ching-Fu Lin (Editor); Thomas Streinz (Editor)
ISBN: 9781108844932
Publication Date: 2021
This volume examines the dynamic interplay between AI and IEL by addressing an array of critical new questions, including: How to conceptualize, categorize, and analyze AI for purposes of IEL? How is AI affecting established concepts and rubrics of IEL? Is there a need to reconfigure IEL, and if so, how? Contributors also respond to other cross-cutting issues, including digital inequality, data protection, algorithms and ethics, the regulation of AI-use cases (autonomous vehicles), and systemic shifts in e-commerce (digital trade) and industrial production (fourth industrial revolution).