Over the past two decades, artificial intelligence (AI) has enabled companies to optimize certain aspects of their business while reducing labor costs. Against this background, the number of entrepreneurs and companies wishing to create a startup in the field of artificial intelligence has increased. However, businesses using copyrighted works or AI-generated inventions should be aware that these works may not always enjoy the same rights and protections under intellectual property law as works created by humans. If you are interested in starting an AI startup in the US, then this article is about a new AI initiative in the US.
New US Artificial Intelligence InitiativeFor years, the Patent and Trademark Office and the US Copyright Office have struggled with the transformative impact of AI on intellectual property rights. The advent of AI in the creation of written, visual or musical works has had a significant impact on the courts and agencies tasked with overseeing intellectual property protection around the world.
While some argue that AI should be seen as the legitimate author or inventor of new creations, others say that AI programs inherently remix other works without attribution, permission from the original creators.
However, the U.S. Copyright Office recently stated that while "it is well established that copyright can only protect material that is the product of human creativity" - and therefore AI cannot be considered an author - this "does not mean that technological tools cannot be part of the creative process." Art, music, and other works created using artificial intelligence may be eligible for U.S. copyright registration, provided there is sufficient human attribution.
According to the policy statement, people can choose to or post AI-generated content creatively enough, or modify something AI-generated to the point of obtaining U.S. copyright protection. The Bureau pointed to their recent decision on the Zarya of the Dawn graphic comic. This allowed the artist to register only the text of the comic and the work as a whole, and not individual images, which were used to generate AI.
The decision left many confused as to the limitlessness of what is copyrightable in the States among AI-assisted works. By way of clarification, the Bureau stated that a work may be eligible for U.S. registration and copyright protection if the expressive elements are created by a specific person, such as by altering or arranging AI-generated material.
The Copyright Office's guidance clarifies that applicants for U.S. copyright protection must disclose that the work being filed contains AI-generated material and must reject such material that "exceeds minimum allowable requirements. Applicants must update pending applications and correct public records if an intellectual property rights registration has already been issued without such disclosure.
Applicants who do not comply may forfeit registration benefits. Authors, artists, and other creators using AI tools to develop works, as well as individuals who are just planning to create an artificial intelligence startup in the United States, should carefully review the Office's requirements for registration and copyright protection and monitor further developments related to with AI and copyright.
In addition, interested parties should be aware that the US Copyright Office has also announced a public consultation to be held in April and May to discuss AI in the context of literary, visual, audiovisual works, music, and sound recordings. The Bureau intends to publish an Investigation Notice to seek comments from interested parties on a wide range of copyright issues arising from the use of AI.
Thus, AI-generated content can be useful for business, but authors of literary, visual, audiovisual works created using AI should be aware that they will not always be able to register copyright in the United States.
Interested in the question of how to create a successful startup in the field of artificial intelligence? Then you can contact the relevant specialists for an individual consultation with further business support.