As technology advances, businesses of all types are embracing artificial intelligence (AI) across the world.
When it comes to creating something with words or images, ‘can AI content be copyrighted?’
Let’s explore where we are.
Can AI content be copyrighted in the UK?
AI has revolutionised many industries, allowing businesses to streamline the process of creating content.
Before AI, content was written based on the knowledge of the writer along with information displayed in books or on the internet.
However, AI now provides businesses with automated responses for a variety of topics without the need for hours of research.
In the UK, where AI is gaining popularity, many questions about copyright laws and ownership have been raised including; ‘Can AI-generated content be copyrighted?’
Currently, copyright law is governed by the Copyright, Designs and Patents Act 1988 (CDPA).
According to this legislation, copyright protection is given to “original literary, dramatic, musical, or artistic works” produced by human authors.
Copyright protection is only permitted when the work is original, and involves some element of human touch and effort.
This means that raw AI that is simply copied and pasted without any humanisation cannot be copyrighted.
However, the CDPA also includes provisions for what it refers to as “computer-generated works.”
According to Section 9(3) of the CDPA, a computer-generated work is classified as a one that’s “generated by a computer in circumstances such that there is no human author of the work.”
In such cases, the copyright is given to whoever was able to create the content in the first place.
What are some recent developments to respond to copyright and AI challenges?
Many different challenges have arisen since AI content generation has been widely adopted by businesses.
One of the main hurdles the UK government has had to deal with is the blurred lines AI-generated content creates.
In response to this, it has pledged to develop a code of practice on copyright and AI, with the help of industry experts from the technology, creative, and research sectors.
This comes as a response to a review on pro-innovation regulation for digital technologies which suggested making the copyright status of AI-generated content clearer.
This code of practice will offer advice on licensing for data mining and guaranteeing protections for right holders while promoting innovation in AI.
It should clarify problems surrounding how much humanisation of AI-generated content needs to be done to qualify for copyright protection and proper ownership of AI-generated content.
In those cases where the code of practice is not implemented or agreed upon, the government could bring in further legislative amendments.
What is the future of AI copyright in the UK?
Given AI technology is being consistently developed to be more intelligent and intuitive, it’s likely the legal landscape will undergo further modification.
Currently, the UK is one of the few countries to provide copyright protection for content generated solely by a computer.
Meanwhile, the European Union (EU) is more proactive than the US when it comes making laws.
Its officials are working on a big ‘AI Act’ to address concerns about generative AI.
They also have rules for text and data mining that permits only non-profits and universities scrape the internet without permission, and not companies.
If AI companies are found to have used creators’ copyrighted work without permission, it could lead to many lawsuits and expensive penalties.
If new laws are introduced, there’s a good chance that these will constantly and consistently be under review to ensure they’re fair.
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