September 28, 2023 Copyright ©️ 2023 by JinRui International Patent & Trademark Joint Office
 

I. What Should Designers Pay Attention to When Using AI for Creation?

1. Obtaining Inspiration, Not Content through AI - Creating original works using AI by drawing inspiration, digesting, and transforming it into one's own creation does not violate copyright regulations.

2. Verifying Information in AI Creation - Material used during AI training may include erroneous, outdated, sensitive, or biased information. Therefore, the accuracy of AI-generated content cannot be guaranteed, and users need to individually verify the validity of information.

3. Checking the Originality of AI Creation - AI creations may involve extraction or citation of existing works. To avoid infringing on others' copyrights, it is recommended to use major professional copyright checking tools to identify overlapping segments with others' works.

4. Editing and Refining AI Content - Adding personal thoughts or creativity to AI-generated content, reorganizing, and refining it can help reduce the chances of overlap with existing works and is one way to minimize the risk of copyright infringement.

 

II. How to Determine Copyright Infringement in AI-Generated Works?

Current copyright laws follow the principle of protecting creations, granting copyright owners rights upon completion of a work. Why then go through the process of copyright registration? This is mainly to provide evidence when facing copyright infringement. In litigation, copyright owners must be able to prove:

1. Proving the Identity of the Creator - Keeping records of the creative process during creation, proving the ability, time, and resources to complete the work.

2. Proving the Completion Time of the Work - If there is no prior interaction between the parties, proving can be challenging. In practice, factors such as the quantity, distribution channels, time, and popularity of the work are considered to infer a high likelihood of contact.

3. Proving Independent Creation, Not Plagiarism - Whether it's a design company or individual creator, preserving the creative process data during creation and even registering copyright upon completion can serve as strong evidence in case of disputes.

 

III. How Can Designers Protect Their Works?

1. Preserve the Creative Process - Ensure that the ideation process is documented to provide evidence in case of infringement claims, acting as proof of parallel creative timelines.

2. Apply for Patents or Trademarks - Patents grant exclusive rights to the applicant based on publicly disclosed technology. Trademarks protect the identification of goods or services, exclusively for the applicant.

3. Mitigate Copyright Risks Through Contracts - The best way is to clearly specify the ownership of all intellectual property rights in business contracts, outlining the rights and responsibilities of all creators and contributors.