September 21, 2023 Copyright ©️ 2023 by Jin Rui International Patent and Trademark Joint Office
I. How is Copyright Determined for Works Created by AI and Humans Together?
Distinguishing between "AI as an auxiliary creative tool" and "AI as an independent creator" is the key to determining whether a work has copyright. Automatically generated images by AI are not protected by copyright, but if human input involves adding dialogue or refinements, then the work is eligible for copyright protection.1️⃣ **AI as an Auxiliary Creative Tool** - In this context, because there is still human involvement in terms of intellect and emotion, these works are eligible for copyright protection.
2️⃣ **AI as an Independent Creator** - If the result is solely produced through automatic computation by a machine or system without human input of originality and creativity, it does not fall under copyright protection as per copyright law.
*Source: Yahoo News*
**II. Risks of AI-Generated Works Infringing on Others' Intellectual Property Rights**
1️⃣ **Misuse of Colors, Patterns, and Elements** can easily constitute infringement. When creating AI-generated works, it's crucial to ensure that the colors and patterns used do not infringe upon the copyrights of other brands.
2️⃣ **Check Trademark Registrations in Advance** - Prior to generating works, it's advisable to examine trademark registrations. This can be done through Google or intellectual property office search systems to find information related to trademark registrations and names. This helps prevent potential trademark rights violations.
*Cases:*
- A Dutch research team used AI and 3D printing technology to create a new artwork in a style similar to a painter who had passed away over 300 years ago. This case raises potential copyright issues.
*Source: CTWANT, May 21, 2023* - AI Art Creation is Trending... Be Cautious of Crossing the Copyright Line - Intellectual Property Office Urges "Do Not Use for Commercial Purposes"
*Source: INSIDE, Trend Watch on the Internet*
**III. Legal Protection of AI Works**
- **Trademarks** - If AI-generated text is utilized, it's still necessary to search and verify whether the text name has already been trademarked.
- **Patents** - Patent applications must meet the criteria of novelty, inventiveness, and industrial applicability. Only when inventions generated by machines genuinely satisfy these standards and are recognized by governments can they receive patent protection.
- **Copyright** - Works created by humans, such as paintings, music, movies, and poetry, are protected by copyright law. Works generated by machines currently cannot obtain copyright protection.
Please note that the accuracy of legal interpretations can vary by jurisdiction and specific case details.
