Lawyer for AI law (artificial intelligence)

Artificial intelligence from a copyright perspective - challenges and perspectives

Artificial intelligence (AI) is not only revolutionizing technologies and industries, but also poses new challenges for traditional copyright law. The ability of AI systems to independently generate content such as texts, music and works of art raises fundamental questions about authorship and the resulting rights. These developments require adapted legal advice to ensure that copyrights can be effectively protected and managed.

Rechtsanwalt für Künstliche Intelligenz; KI-Recht Anwalt, Urheberrecht, was gibt es Neues

Copyright attribution of AI-generated works

Traditional copyright law requires human creativity in order for a work to be eligible for protection. AI-generated works that have been created without significant human influence are therefore often not covered by the usual copyright protection. The question of who or what is recognized as the author remains unresolved in many legal systems.

Challenges for copyright law

  1. Copyright identification: Can an AI be recognized as the author, or does the authorship lie with the developers of the AI or with the person operating the AI?

  2. Level of creativity: AI works often reach a level of complexity and quality that is similar to human creations. Should works without human intervention be protected by copyright?

  3. Rights management: The efficient management of rights to AI-generated works is complex, especially when AI systems produce content continuously and autonomously.

Possible legal adjustments

In view of technological developments, copyright law may need to be adapted to take account of the new realities. The following approaches could help:

  1. Introduction of a “new type of copyright” for AI: Some experts suggest creating a special copyright that applies specifically to AI-generated works and offers different levels of protection and usage licenses.

  2. Licenses and usage rights: The implementation of clear guidelines for the use of AI-generated content could prevent copyright infringements and facilitate the commercial use of these works.

  3. Transparency obligation: The labeling of AI-generated content could contribute to legal clarity and ensure that users are informed about the origin of the content.

Outlook

As technology advances, the legal system must find answers to the copyright challenges posed by AI. Proactive legislation and international cooperation will be crucial to ensure a fair balance between the interests of creators, users and the public.

Our law firm continuously monitors developments in the field of AI and copyright law. As an AI law firm, we offer legal advice and are happy to assist with all questions and challenges arising from the use of AI-generated content.

Current AI court proceedings in the USA

There are currently several court cases in the US dealing with artificial intelligence (AI) and copyright issues. These cases could have a significant impact on how AI technologies are used and regulated, particularly in relation to the use of data to train AI systems and generate creative content. One notable case involves GitHub, Microsoft and OpenAI, in which the plaintiffs allege that their licensed code was used without proper acknowledgment to train GitHub’s AI-powered programming assistant, Copilot. This case raises questions about copyright management and the use of AI to learn from existing copyrighted materials without explicit permission from the copyright owners. Another significant case is against OpenAI, where authors Paul Tremblay and Mona Awad, among others, have filed a class action lawsuit. These authors allege that their copyrighted material was duplicated and used as part of OpenAI’s training data for its language models, which they claim creates derivative works that infringe their original material. This case touches on the question of whether outputs of AI, such as text summaries, can be considered derivative and therefore infringing works. These cases reflect broader concerns in the tech industry about how AI models are trained and the potential copyright implications this could have. They highlight the need for clear guidelines and potentially new legal frameworks to address the unique challenges that AI poses in creative and technical fields. More detailed information on these court proceedings will soon be available in our blog from January 2025.
Anwalt KI-Recht, rechtliche Neuerungen in Gesetz EU-Verordnung als auch im detuschen Urheberrecht, Frag den Anwalt von Rehkatsch Rechtsanwälte

AI Regulation - Framework for Artificial Intelligence in the EU

What does this mean for companies and citizens?

The European Union has taken a significant step towards regulating artificial intelligence (AI). The AI Regulation, which was unanimously approved by the EU Member States, establishes the world’s first comprehensive set of rules for the use of AI technologies. This set of rules is intended not only to promote innovation, but also to strengthen trust in AI technologies and ensure their use in accordance with the fundamental rights and safety of EU citizens.

Main objectives of the AI Regulation

The AI Regulation aims to strike a balance between promoting technological developments and protecting citizens from potential risks. This regulation will make Europe a pioneer in AI legislation. The regulation is designed as a risk-based set of rules, whereby the higher the risk of the respective AI application, the stricter the requirements.

Specific provisions and their implications

  1. Product regulation: The regulation primarily applies to AI systems that are marketed as products or related services in the EU. It explicitly does not apply to research and development activities.

  2. Ban on high-risk applications: Certain applications, such as social scoring or emotion recognition in the workplace, will be banned in the EU. This also includes remote biometric identification under certain circumstances in order to prevent widespread surveillance.

  3. Rules for generative AI: Special rules will be introduced for generative AI models that can generate content such as text and images. These models are subject to stricter requirements, especially if they could pose a systemic risk.

  4. Transparency and information obligations: Low-risk AI applications must meet certain transparency requirements in order to inform users about the functioning and limitations of the technologies used.

Effects on companies

Companies must prepare to comply with these new regulations. This includes adapting product development and implementing the necessary safety and compliance measures. For small and medium-sized enterprises (SMEs) and start-ups, the regulation provides for special rules to facilitate the use of AI and create scope for innovation.

Next steps

Before the AI Regulation can enter into force, the formal approval of the European Parliament and a Council formation is still required. After publication in the EU Official Journal, the regulation will enter into force 24 months later, with some provisions already being applied earlier.

The EU member states and the European Commission are committed to implementing the regulation in a way that minimizes bureaucracy and promotes innovation.

Conclusion

The EU’s AI regulation is a groundbreaking step towards ensuring the safe and fair development of artificial intelligence in Europe. Companies and citizens alike can benefit from the new regulations, which not only promote innovation but also offer comprehensive protection.

Our law firm will be happy to provide detailed advice and support in adapting business practices to the new regulations.

AI law FAQs

Artificial intelligence as such is not a copyrightable work because it is not a human creation. However, works created by AI can enjoy copyright protection under certain circumstances if human intervention plays a significant role in the creative process.

Liability issues in the event of errors in AI systems are complex and depend heavily on the individual case. In principle, developers, users or even the manufacturer of the AI can be held liable, depending on how the responsibilities are contractually regulated and what role they play in the operation of the AI.

Yes, the processing of personal data by AI systems in particular raises questions about data protection. AI systems can process large amounts of data and must therefore comply with data protection laws, such as the GDPR in the EU, which stipulate transparency, data minimization and the security of data processing.

Contractual relationships involving AI should clearly define the rights and obligations of the parties involved, including license rights, liability issues and ownership rights to data and software. It is advisable to regulate these aspects in detail in the contractual clauses.

The use of AI in automated decision-making, for example in lending, recruitment processes or in the criminal justice system, raises important legal issues. These mainly concern the transparency of decision-making, non-discrimination and the possibility for data subjects to request a human review of the decision. Legal frameworks such as the GDPR in the EU set clear requirements for the processing of personal data by automated systems, including the need to clearly communicate the rights of data subjects and provide them with the means to enforce these rights.

Your contact for AI law

Patrick Rehkatsch

  • Attorney at law since 2003
  • Specialist lawyer for copyright and media law since 2010
  • Legal clerkship at the Regional Court of Cologne & Cultural Office of the City of Cologne
  • Legal advice music association

Memberships with:

  • International Trademark Association (INTA)
  • International Association of Entertainment Lawyer’s (IAEL)
  • Working Group Intellectual Property & Media (German Bar Association)
Patrick Rehkatsch - Fachanwalt für Urheberrecht & Medienrecht

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