Artificial intelligence has affected virtually every industry, creating both innovations and legal complications in its wake. While there are many cases for artificial intelligence in the modern commercial world, creators and business owners must also be aware of the potential pitfalls that this technology creates.
There are many ways that A.I is affecting intellectual property law that it is important to be aware of whether you are just launching a brand or already have an established presence. An experienced intellectual property attorney could help you understand how A.I. could impact your businesses and brand, and develop strategies to protect your ideas while registering your IP rights.
Artificial intelligence is not a monolith, and the numerous manifestations of this technology will affect intellectual property laws considerably in the years ahead. The notion behind artificial intelligence – a set of technologies that traces its origins back to the 1950s – is to enable the performance of tasks that would otherwise be conducted by humans.
The possible ways in which artificial intelligence can revolutionize industries are still being discovered. In the world of intellectual property, artificial intelligence could be used in the future to streamline tasks like patent, trademark, or copyright searches, and ensure broader identification of potential infringements during the research process. These technologies could also be invaluable in monitoring for instances of infringement and identified unauthorized use of protected material.
Artificial intelligence does not need to be the death knell for intellectual property laws and protections, but the law must also catch up to the future of AI. For example, copyright laws require that a human must author the original creative work fixed in tangible form. The U.S. Copyright office, as well as numerous federal court rulings, have so far affirmed that AI-created artwork and other works of non-human authorship cannot receive copyright protection. Likewise, the inventor of a patent must also be a human being.
The scope of fair use in generative AI, as well as the correlation between AI and various IP protections, are issues that will undoubtedly appear before many courts in the years ahead. Lomnitzer Law is informed about the latest developments for AI and its effect on intellectual property laws.
An attorney can help you develop AI-centric policies to protect your business, while pursuing registration for your intellectual property. Whether filing a patent, registering a copyright, or securing the trademark for your business, it is important to develop thorough strategies that secure your brand and company value.
Further challenges will appear in the future and AI is already disrupting a legal system that historically moves at a slower pace. For example, with AI-generated content becoming increasing common, inadvertent and intentional trademark infringement is on the rise.
As AI-generated content becomes more prevalent, determining what work was created by a human vs. algorithm may prove more challenging, as will resolving questions around authorship.
While A.I. is upending traditional views of IP and how original works of authorship are created, the law will take time to catch up to this newfound reality. In the meantime, legal hurdles can persist for creators working to establish their innovations while ensuring that these works are not wrongfully attributed to artificial intelligence or other businesses.
When used correctly, A.I. can also be leveraged as an outlet of expression to promote human creativity. However, ensuring the right legal boundaries are in place to support IP protections will remain a challenge. By engaging with Lomnitzer Law Firm, you can secure the legal representation you need to safeguard your IP rights as the changing landscape impacts how A.I is affecting intellectual property law. Contact us today to discuss your IP needs.
